Professional Documents
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SECTION 22
Senate vs. Ermita
FACTS
ISSUE
RULING
NO
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3.
4.
Ampatuan v. Hon.
DILG Secretary
Puno
Petitioner contend:
President unlawfully exercised emergency powers
when she ordered the deployment of AFP and
PNP personnel in the places mentioned in the
proclamation.
-such deployment is NOT by itself an exercise of
emergency powers as understood under Section
23 (2), Article VI of the Constitution
Section 24
Tolentino vs.
Secretary of
Finance
NO
NOT the LAW but the REVENUE BILL which is required
by the Constitution to "originate exclusively" in the House
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of Representatives
-a bill originating in the House may undergo such extensive
changes in the Senate that the result may be a rewriting of
the whole
-as a result of the Senate action, a distinct bill may be
produced.
To insist that a revenue statute NOT ONLY BILL initiated
for the enactment of law
-must substantially be the same as the House bill would be
to deny the Senate's power not only to "concur with
amendments" but also to "propose amendments."
-violate the coequality of legislative power of the two
houses of Congress
-make the HR more superior than the Senate
what the Constitution simply means:
-initiative for filing revenue, tariff, or tax bills, bills
authorizing an increase of the public debt, etc MUST
COME FROM THE HR becausethe members of the House
can be expected to be more sensitive to the local needs and
problems
-ON THE OTHER HAND: the senators, who are
elected at large, are expected to approach the same
problems from the national perspective
-BOTH VIEWS MADE TO BEAR ENACTMENT OF
SUCH LAWS
Constitution does not prohibit the filing in the Senate of a
SUBSTITUTE BILL in anticipation of its receipt of the bill
from the House, as long as it withheld pending receipt of
the House Bill
-because revenue bills are required to originate exclusively
in the House of Representatives:
-Senate cannot enact revenue measures of its own without
such bills
After a revenue bill is passed and sent over to it by the
House:
- Senate certainly can pass its own version on the same
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Pascual vs.
Secretary of Public
Works
subject matter
-Senate can practically re-write a bill
required to come from the House and leave only a
trace of the original bill
Article 6 Section 24 provides that:
but the Senate may
propose or concur with amendments.
APPROPRIATION OF PUBLIC REVENUE FOR PUBLIC PURPOSE
In 1953:
Whether or not the appropriation of
NO
RA 920 was passed
85K for the construction of the
-law appropriated P85,000.00 for the
feeder roads is valid
GENERAL RULE: legislature is without power to
construction, reconstruction, repair, extension and
appropriate public revenue for anything but a public
improvement of Pasig feeder road terminals
purpose
-essential character of the DIRECT OBJECT of the
Pascual (governor of Rizal) assailed: validity of
expenditure w/c must determine the validity as
the law
JUSTIFYING A TAX; and NOT the magnitude of the
-He claimed that the appropriation was actually
interest to be affected NOR degree to which the general
going to be used for private use for the terminals
advantage of the community, and thus the public welfare
sought to be improved were part of the Antonio
will be promoted
Subdivision
-said Subdivision is owned by Senator Zulueta
INCIDENTAL to the public or to the state: results from the
who was a member of the same Senate that passed
promotion of private interest and the prosperity of private
and approved the same RA
enterprises DOES NOT justify their aid by the use public
money
Pascual claimed: Zulueta misrepresented in
Congress the fact that he owns those terminals
the donation to the Government: over five (5) months after
-his property would be unlawfully enriched at the
the approval and effectivity of said Actfor the purpose of
expense of the taxpayers
giving a "semblance of legality", or legalizing, the
-prayed that the Sec of Public Works be restrained
appropriation in question:
from releasing funds for such purpose
DID NOT CURE ITS BASIC DEFECT
Zulueta (as an afterthought): donated the said
property to the City of Pasig
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PROHIBITION OF INCREASE
PROHIBITION ON RIDERS IN APPROPRIATION BILLS
July 1956: date when RA 1600 too effect:
Whether the subject provision
NO
Garcia has an accumulated active commissioned
contained in an act is embraced in
service of 10 yrs, 5 months, and 5 days in the AFP the subject and is properly
RA 1600 appropriated money for the
connected therewith, the subject to
operation of the Government for the fiscal year
EUSEBIO GARCIA- reserve officer in active
be considered is the one expressed
1956-1957
duty the Armed Forces of the Philippines until his
in the title of the act.
reversion to inactive status on Nov. 1960 pursuant
PAR. 11: refers to the fundamental government policy
to RA 2332
matters of the calling to active duty and the reversion to
inactive status of reserve officers in the AFP
1969: brought an action to compel the Sec of Natl
-it violated Art. VI, Sec. 21, par. 1 of the 1935 Constitution
Defense and Chief of Staff of the AFP to
provided that: "No bill which may
reinstate him in the active commissioned service
be enacted into law shall embrace more than
of the AFP, readjust his rank as of Captain, and
one subject which shall be expressed in the title of
to pay all the emoluments and allowances due to
the bill."
home from the tome of his reversion to inactive
-NULLIFIED AND RENDERED INOPERATIVE ANY
status
PROVISION contained in the body of an act not fairly
included in the subject expressed in the title OR was NOT
He claims: his reversion to inactive status in 15
germane to or properly connected with that subject.
Nov 1960 is in violation of the par. 11of the
special provision which prohibits the reversion to
Constitutional provision was intended to
inactive status of reserve officers on active duty
preclude the insertion of riders in legislation:
with at least 10 years of accumulated active
RIDER being a provision not germane to the subject-matter
commissioned service
of the bill
He contend that: said provision no relevance to
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Farinas vs.
Executive Sec
NO
The title is so broad that it encompasses all the
processes involved in an election exercise,
including the filing of certificates of candidacy by
elective officials
Section 67 is germane to the general subject of
Rep. Act No. 9006: eliminates the effect of prematurely
terminating the term of an elective official by his filing of a
certificate of candidacy for an office other than the one
which he is permanently holding
-legislature is not required to make the title of the act
a complete index of its contents
Section 14 of Rep. Act No. 9006 Is Not a Rider
-title and the objectives of RA 9006 are comprehensive
enough to include the repeal of Sec. 67 of the OEC
-To require that the said repeal of Sec. 67 of the Code
be expressed in the title is to insist that the title be a
complete index of its content
Legislators considered Sec. 67 of the OEC as a
form of harassment or discrimination that had to be
done away with and repealed
YES
Section 25(4), Article VI of the 1987
Constitution requires that the "special
appropriations bill shall specify the purpose for
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TRANSFER OF FUNDS
Whether Section 44 (1) of PD 1177
is
unconstitutional
YES
Paragraph 1 of Section 44 of P.D. No. 1177
unduly over extends the privilege granted under
said Section 16[5] (1973 constitution
Pres. Decree No. 1177: opens the floodgates for the
enactment of unfunded appropriations
-results in uncontrolled executive expenditures, diffuses
accountability for budgetary performance and entrenches
the pork barrel system as the ruling
party may well expand [sic] public money not on the
basis of development priorities but on political and
personal expediency.
It is only after Marcos regime: A provision which allows
even the slightest possibility of a repetition of this sad
experience cannot remain written in our statute books.
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savings
from another item in the appropriation of the
government branch or constitutional body.
Liga vs.
COMELEC
1994:
Congress itself had made an assessment that the
P137, 878,000.00 that were appropriated by
Congress for the holding of the 1994 barangay
elections in the General Appropriation Act of
1994 WOULD BE INSUFFICIENT TO DEFRAY
THE COST OF HOLDING THE SAID
ELECTIONS
Petitioners allege:
the respondents have threatened and are about to
effect a transfer or reallocation of the following
amounts to be sourced from the executive and
legislative branches of Government to respondent
Commission on Elections (COMELEC)
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NO
Clearly, there are two essential requisites in order that a
transfer of appropriation with the corresponding funds may
legally be effected:
1. there must be savings in the programmed
appropriation of the transferring agency
2. there must be an existing item, project or activity
with an appropriation in the receiving agency to
which the savings will be transferred.
Actual savings- a valid transfer of funds from one
government agency to another
- word actual denotes that something is real or substantial,
or exists presently in fact as opposed to something which is
merely theoretical, possible, potential or hypothetical.
Senate President and the Speaker of the House of
Representatives shall approve the realignment (of savings).
"[B]efore giving their stamp of approval, these two officials
will have to see to it that:
1. The funds to be realigned or transferred are
actually savings in the items of expenditures from
which the same are to be taken
2. The transfer or realignment is for the purpose of
augmenting the items of expenditure to which
said transfer or realignment is to be made
Records show that there there were no savings at the time
of the questioned transfer
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DISCRETIONARY FUND
Whether the Pork Barrel violates
Article VI Section 25
(6) of the Constitution
YES
With respect to discretionary funds, Section 25(6), Article
VI of the 1987 Constitution requires that said funds "shall
be disbursed only for public purposes to be supported by
appropriate vouchers and subject to such guidelines as may
be prescribed by law."
Under the 2013 PDAF Article:
- the amount of P24.79 Billion only appears as a collective
allocation limit since the said amount would be further
divided among individual legislators who would then
receive personal lump-sum allocations
-AFTER the GAA is passed
-intermediate appropriations are made by legislators
only after the GAA is passed and hence, outside of
the law
-actual items of PDAF appropriation would not have been
written into the General Appropriations Bill
This setup connotes that the appropriation law leaves the
actual amounts and purposes of the appropriation for further
determination and, therefore, does not readily indicate a
discernible item
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