This case has been cited 3 times or more.
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2014-07-01 |
BERSAMIN, J. |
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| The DAP was a government policy or strategy designed to stimulate the economy through accelerated spending. In the context of the DAP's adoption and implementation being a function pertaining to the Executive as the main actor during the Budget Execution Stage under its constitutional mandate to faithfully execute the laws, including the GAAs, Congress did not need to legislate to adopt or to implement the DAP. Congress could appropriate but would have nothing more to do during the Budget Execution Stage. Indeed, appropriation was the act by which Congress "designates a particular fund, or sets apart a specified portion of the public revenue or of the money in the public treasury, to be applied to some general object of governmental expenditure, or to some individual purchase or expense."[124]As pointed out in Gonzales v. Raquiza:[125] '"In a strict sense, appropriation has been defined 'as nothing more than the legislative authorization prescribed by the Constitution that money may be paid out of the Treasury,' while appropriation made by law refers to 'the act of the legislature setting apart or assigning to a particular use a certain sum to be used in the payment of debt or dues from the State to its creditors.'"[126] | |||||
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2013-11-19 |
PERLAS-BERNABE, J. |
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| Act 3044,[10] or the Public Works Act of 1922, is considered[11] as the earliest form of "Congressional Pork Barrel" in the Philippines since the utilization of the funds appropriated therein were subjected to post- enactment legislator approval. Particularly, in the area of fund release, Section 3[12] provides that the sums appropriated for certain public works projects[13] "shall be distributed x x x subject to the approval of a joint committee elected by the Senate and the House of Representatives." "[T]he committee from each House may [also] authorize one of its members to approve the distribution made by the Secretary of Commerce and Communications."[14] Also, in the area of fund realignment, the same section provides that the said secretary, "with the approval of said joint committee, or of the authorized members thereof, may, for the purposes of said distribution, transfer unexpended portions of any item of appropriation under this Act to any other item hereunder." | |||||
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2003-05-05 |
PUNO, J. |
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| Standing is a peculiar concept in constitutional law because in some cases, suits are not brought by parties who have been personally injured by the operation of a law or any other government act but by concerned citizens, taxpayers or voters who actually sue in the public interest. Although we are not unmindful of the cases of Imus Electric Co. v. Municipality of Imus[13]and Gonzales v. Raquiza[14]whereinthis Court held that appropriation must be made only on amounts immediately demandable, public interest demands that we take a more liberal view in determining whether the petitioners suing as legislators, taxpayers and citizens have locus standi to file the instant petition. In Kilosbayan, Inc. v. Guingona,[15] this Court held "[i]n line with the liberal policy of this Court on locus standi, ordinary taxpayers, members of Congress, and even association of planters, and non-profit civic organizations were allowed to initiate and prosecute actions before this Court to question the constitutionality or validity of laws, acts, decisions, rulings, or orders of various government agencies or instrumentalities."[16] Further, "insofar as taxpayers' suits are concerned . . . (this Court) is not devoid of discretion as to whether or not it should be entertained."[17] As such ". . . even if, strictly speaking, they [the petitioners] are not covered by the definition, it is still within the wide discretion of the Court to waive the requirement and so remove the impediment to its addressing and resolving the serious constitutional questions raised."[18] In view of the serious legal questions involved and their impact on public interest, we resolve to grant standing to the petitioners. | |||||