Temporary Restraining Order (TRO) on the Priority Development Assistance Fund (PDAF) under the FY 2013 General Appropriations Act (GAA)

October 17, 2013 BLGF MEMORANDUM CIRCULAR NO. 097-13 TO : All BLGF Central and Regional Directors and Other Offices Concerned SUBJECT : Temporary Restraining Order (TRO) on the Priority Development Assistance Fund (PDAF) under the FY 2013 General Appropriations Act (GAA) For the information and guidance of all concerned, attached is a copy of a Circular Letter No. 2013-8 dated September 27, 2013 from the Department of Budget and Management (DBM) regarding the above-mentioned subject. cEISAD The Central and Regional Directors of this Bureau are hereby instructed to take note of the above and disseminate the contents to all Bureau Staff, and concerned offices. Please be guided accordingly. (SGD.) ATTY. SALVADOR M. DEL CASTILLO OIC-Executive Director ATTACHMENT DBM CIRCULAR LETTER NO. 008-13 September 27, 2013 TO : Heads of Departments/Agencies/State Universities and Colleges and Other Offices of the National Government, Government-Owned and/or Controlled Corporations, Local Government Units and All Others Concerned SUBJECT : Temporary Restraining Order (TRO) on the Priority Development Assistance Fund (PDAF) under the FY 2013 General Appropriations Act (GAA) 1.0 This Circular is being issued in light of the Supreme Court (SC) Resolution dated September 10, 2013 under G.R. No. 208566, which we received on September 11, 2013, enjoining the Department of Budget and Management (DBM) as well as implementing agencies concerned from releasing the remaining PDAF allocation in the FY 2013 GAA, to wit: ". . . . ISSUE a Temporary Restraining Order enjoining the Department of Budget and Management , the National Treasurer, the Executive Secretary, or any persons acting under their authority from releasing: (1) the remaining Priority Development Assistance Funds (PDAF) allocated to members of Congress under General Appropriations Act of 2013. . ." (Boldface ours) 2.0 In compliance with the above-mentioned SC Resolution, all remaining unreleased and unobligated allotments, with the corresponding cash allocation chargeable against PDAF under the FY 2013 GAA are withheld until the TRO is lifted by the Supreme Court. 3.0 Nonetheless, PDAF projects funded under the FY 2013 GAA, where a Special Allotment Release Order (SARO) has been issued by the DBM and such SARO has been obligated by the implementing agencies prior to the issuance of the TRO, may continually be implemented and disbursements thereto effected by the agencies concerned. 4.0 In general, a SARO is obligated by the agency when it has already committed to perform an undertaking relating to programs, projects and activities. Accordingly, the specific instances of when a SARO is obligated shall depend on the implementing agencies concerned. 5.0 For information and guidance. TacADE (SGD.) FLORENCIO B. ABAD Secretary