The Sacred Separation of Powers: Marcos’ Favorite Get-Out-of-Plunder Card

The Palace’s Selective Reverence: Overreach Only When It Threatens Allies

By Louis ‘Barok‘ C. Biraogo — February 6, 2026

DEAR readers of this humble cave: gather close, for today we dissect a beast with many heads—each one more grotesque than the last. The latest farce stems from Malacañang’s declaration on February 3, 2026, that President Ferdinand “Bongbong” Marcos Jr. is “wary of executive overreach” when it comes to forcing the House of Representatives to release the Statements of Assets, Liabilities, and Net Worth (SALNs) of lawmakers implicated in the P1.4 trillion flood control scandal.

This sudden reverence for separation of powers would be admirable—if it weren’t the same administration that has spent years treating constitutional boundaries like a buffet: take what serves the patronage network, discard the rest.

This is not governance. This is a masterclass in selective sanctity, a hydra of corruption where every exposed scandal regenerates two more, all shielded by the Palace’s convenient cry of “overreach.”

***“OVERREACH: Now Available in ‘Convenient’ and ‘Inconvenient’ Flavors”***
(*Warning: Side effects include plunder, impunity, and the death of democracy*)

1. The Grand Facade: “Executive Overreach” as a Shield of Convenience

Palace spokesperson Undersecretary Claire Castro solemnly declared that Marcos respects the rules of other branches and seeks to avoid executive overreach—even as Ombudsman Jesus Crispin “Boying” Remulla fumes over the House’s absurd requirement of plenary approval before releasing these public documents.

These documents are mandated for public disclosure under Article XI, Section 17 of the 1987 Constitution and Republic Act No. 6713.

Where was this constitutional delicacy when the administration:

Ballooned unprogrammed appropriations (UA) into a P731.4 billion slush fund in 2024, releasing P214 billion outside congressional scrutiny to fuel the very flood control “ghost projects” now under investigation?
Diverted P89.9 billion from the Philippine Health Insurance Corporation (PhilHealth) reserves in 2024—an act the Supreme Court (SC) unanimously declared unconstitutional in December 2025, ordering P60 billion returned?
Executed a parallel P107 billion raid on the Philippine Deposit Insurance Corporation (PDIC), now facing demands for restitution under the same logic?
Created the Independent Commission for Infrastructure (ICI) via Executive Order No. 94 in 2025, a body the SC upheld on February 4, 2026, by dodging substantive review?

The strategy is transparent: invoke separation of powers when it protects allies, ignore it when it enables plunder.

2. The House of Hypocrites: A Monument to Impunity

The House of Representatives now hides behind self-made rules requiring plenary approval for SALN release—as if these were sacred doctrine rather than a self-serving “Carta of Corruption.”

There is no such plenary requirement in the Constitution or law. Ombudsman Remulla is correct: this is obstruction.

The SALN blackout is not procedural caution. It is evidentiary sabotage. Unexplained wealth in lawmakers’ filings would trace directly to flood control loot—funds channeled through UA and diverted from raided PhilHealth and PDIC reserves.

By blocking access, the House protects not institutional autonomy, but a syndicate’s financial trail.

3. Legal & Constitutional Deconstruction: The Anatomy of a Heist

The interconnected scandals violate foundational principles.

Separation of Powers and Power of the Purse
Article VI of the 1987 Constitution vests exclusive appropriation authority in Congress. Yet UA has revived the pork barrel in new form. The SC struck down similar mechanisms in Belgica v. Ochoa (2013) and Araullo v. Aquino (2014) for executive usurpation.

Fiscal Autonomy of GOCCs
The unanimous PhilHealth ruling found transfers unconstitutional for breaching the Universal Health Care Act (Republic Act No. 11223). The PDIC raid stands on identical quicksand under the PDIC Charter (Republic Act No. 3591).

Anti-Graft Enforcement
Republic Act No. 3019 prohibits illicit wealth; SALN discrepancies would trigger it. Obstruction frustrates enforcement.

My own victory in Biraogo v. Philippine Truth Commission (2010) warned against executive overreach in investigatory bodies. The ICI walks that line—serving as controlled theater rather than genuine accountability.

This is the heist: raid protected funds, funnel via UA, generate kickbacks, conceal wealth, then cry “overreach” when probed.

4. Motivations & The Cast of Clowns: A Shakespearean Farce

The players:

Marcos: Reformer or ringmaster? His 2025 State of the Nation Address (SONA) “exposed” the scandal, yet allegations tie him to beneficiaries. Vetoes and the ICI are optics amid plunging ratings and Duterte rift rumors.
Congress: Institutional pride or syndicate preservation?
Ombudsman Remulla: Genuine dismay or scripted performance?
Duterte Faction: Fueling impeachment bids and instability whispers while sharing the orchard’s rot.

A farce of fools in crowns and jesters in robes.

5. The Fork in the Road: Possible Resolutions & Recommendations

Paths diverge.

Marcos can continue obfuscation or embrace transparency: release his SALN, compel cooperation, return raided funds.

The Ombudsman and SC can escalate—contempt against obstructors, extend PhilHealth logic to PDIC.

The public can protest, litigate, and vote with fury.

My demands:

Abolish abusive UA structures.
Enact automatic, digitized SALN access.
Arm the Commission on Audit with prosecutorial powers.
Replace ICI theater with a genuine, legislatively chartered anti-corruption body.