Monday, March 12, 2012

Philconsa vs. Enriquez

Facts: Petitioners assail validity of RA 7663: The General Appropriations Act for 1994. 

The GAA contains a special provision applicable to Congress. It allowed any member of congress the REALIGNMENT OF ALLOCATION FOR OPERATIONAL EXPENSES, provided that the total of said allocation is not exceeded. 

Philconsa claims that only the Senate President and the Speaker are the ones authorized under the Constitution to realign savings, not the individual members of Congress themselves. 

Later, President FVR signed the law, but VETOED certain provisions of the law and imposed certain conditions: That the AFP-Chief of Staff is authorized to use savings to augment the pension funds under the Retirement and Separation Benefits System of the AFP. 

Issue: Whether RA 7663 is violative of Section 25 Art 6. Whether the enumeration is exclusive? 

Held: YES. Under the special provision applicable to Congress, the members of Congress are given the power to determine the necessity of realignment of the savings in the allotment for their operating expenses. They are in the best position to do so because hey are the ones who know whether there are savings, or deficiencies in appropriation. HOWEVER, ONLY THE SENATE PRESIDENT AND THE SPEAKER OF THE HOUSE ARE ALLOWED TO APPROVE THE REALIGNMENT. 

Further, 2 conditions must be met: 1) the funds to be realigned are actually savings, and 2) the transfer is for the purpose of augmenting the items of expenditures to which said transfer is to be made. 

As to the special provision given to the AFP-Chief of Staff, it is also VOID. The list of those who may be authorized to transfer funds is exclusive. The AFP-Chief of Staff may not be given such authority.

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