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Case Digests
Ruling:
The Court decided to cancel the Pok Barrel System as it views it unconstitutional. According to
the verdict, the PDAF has violated a constitutional provision that states the separation of powers.
The Supreme Court concluded that PDAF has allowed legislators to exercise powers beyond
their jurisdiction. It has allowed them to wield, in varying gradations, non-oversight,
post-enactment authority in vital areas of budget execution. Moreover, it has also violated the
principle of non-delegability of legislative power.
https://www.lawphil.net/judjuris/juri2013/nov2013/gr_208566_2013.html
Facts:
The main problem that has sparked many arguments on the constitutionality of DAP is
rooted in the provision Section 29(1) of Article VI of the 1987 Constitution. This provision is a
fundamental law that firmly states that "[n]o money shall be paid out of the Treasury except in
pursuance of an appropriation made by law."
According to the consolidated petitions, the DAP violated this provision by making it
possible for the Executive to allocate public money coming from funds of several agencies in
order to pave the way for the President to exercise his constitutional authority in order to transfer
funds out of savings make the appropriations of offices greater within the Executive Branch of
the Government.
Issue:
The concern was raised that the acts and practices under DAP, the violation of Section
25(5) Article IV, the neglect of the principle of separation of power and protection are rendered
unconstitutional.
Ruling:
The acts and practices of DAP were unconstitutional. This is mainly because of the
violation of Section 25(5) since the funds used are saving that deviated from the General
Appropriation Act. Moreover, the President exceeded his power to augment, thereby making
these acts and practices illegal. According to Section 25(5) Article IV, the President has the
power to suspend or stop expenditure. However, this does not guarantee that savings are earned.
This can only be established if it has been validated that these funds or appropriations are not
attached to any obligation or encumbrance. Moreover, it must also be confirmed that the
intended appropriation of the funds has been completed, discontinued, or abandoned.