Should the 2021 budget be approved, the Public Attorney’s Office (PAO) has vowed to question before the Supreme Court (SC) the constitutionality and legality of the provision which prevents the staff of the PAO forensic laboratory from receiving their salaries for next year.

In the meantime, PAO Chief Persida Acosta appealed to both the House of Representatives and the Senate, including Senate President Vicente “Tito” Sotto III, to remove from the 2021 General Appropriations Act (GAA) bill this provision which is a rider inserted by Senators Franklin Drilon and Juan Edgardo “Sonny” Angara.

“Kasi kung matutuloy po ito, ipapa-declare pa na unconstitutional ito sa korte.

Magiging respondent po kayo (If the 2021 budget is approved, we will seek to have it declared unconstitutional before the Supreme Court (SC). You will be named as respondent in the case),” she warned Sotto during an online press conference on Tuesday, Dec. 1.

Acosta cited that the provision inserted by Drilon and Angara reads: “Nothing in the appropriation provided in this act shall be used in the salaries and compensation of personnel and travel allowance, meetings, maintenance and other operating expenses of the PAO Forensic Laboratory Division.”

“This insertion is illegal and an unconstitutional rider, a violation of Civil Service Commission (CSC) rules on permanent government employees and contrary to law,” read the PAO’s statement issued also on Tuesday.

“The insertion by opposition senators should be vetoed by PRRD (President Duterte) if it prevails in the bicam. This is to maintain the rule of law, human rights and access to justice by the poor,” it added.

Former Biliran Representative Glenn Chong, who expressed his support to the PAO during the press conference, backed the decision of Acosta to question raise the constitutionality and legality of the provision should the 2021 budget becomes law.

“Dudulog tayo sa korte (We will go to court) to question the constitutionality of this unconstitutional rider,” declared Chong who appealed to both Drilon and Angara to have “the decency to remove or withdraw this illegal, unconstitutional provision.”

The former legislator called the provision as an illegal “constructive dismissal not allowed under the Civil Service Law and warned that the rider “sets a very very dangerous legal precedent.”

“Pwede mo ng tanggalin si Chief Acosta, pwede mo tanggalin ang kahit sinong career official by inserting an unconstitutional rider in the General Appropriations Act (You can remove Acosta and any career official by inserting an unconstitutional rider in the General Appropriations Act),” he explained.

Acosta reminded that those who are in danger of not receiving their salaries are eight staff of the PAO forensics laboratory who hold plantilla positions as approved by the Department of Budget and Management (DBM).