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v.
AQUINO
(JT)
(There
was
also
an
issue
on
impoundment.
But
di
impoundment
yung
DAP.
Impoundment
GR
No.
209287,
et
al
entails
deduction
of
appropriations,
and
not
transfer,
which
is
precisely
what
the
DAP
July
1,
2014
authorizes.)
Bersamin,
J.
Hence,
DAP
is
unconstitutional.
Petitioners/Respondents:
ANG
DAMI.
Basta
main
respondent
si
Noynoy
in
his
capacity
as
the
Fresident
of
the
Philippines
Intro,
parang
thesis
lang:
The
petitioners
are
assailing
the
constitutionality
of
the
(1)
Disbursement
Acceleration
Program
[DAP],
(2)
National
Budget
Circular
[NBC]
No.
41,
and
(3)
Summary
related
issuance
of
the
Dept
of
Budget
and
Management
[DBM]
implementing
the
DAP.
The
DAP
is
basically
a
program
where
savings
of
government
projects
from
unreleased
Basically,
the
main
point
is
that
the
DAP
violates
Sections
25(5)
&
29(1),
Article
VI
of
the
appropriations
and
withdrawal
of
unobligated
allotments,
as
well
as
unprogrammed
funds,
Consti.
were
used
in
order
to
augment
the
funding
of
another
government
project.
This
is
a
system
under
the
DBM
designed
to
help
boost
the
Philippine
economy.
Pursuant
to
the
DAP,
NBC
Facts
No.
41
was
issued
to
implement
the
DAP.
This
all
started
when
Jinggoy
delivered
a
frivileged
speech
wherein
he
revealed
that
certain
senators,
himself
included,
received
50M
pesos
each
as
incentive
for
voting
in
favor
of
Basically,
the
NBC
No
41
allows
the
augmentation
of
projects
not
considered
in
the
budget
Corona’s
impeachment.
As
a
response,
Sec.
Abad
of
DBM
released
a
pubic
statement
which
expected
to
be
implemented
during
the
year.
(The
budget
is
pursuant
to
the
general
stated
that
the
funds
given
to
the
senators
were
part
of
the
DAP,
which
was
in
place
since
appropriations
act,
or
GAA,
for
that
given
fiscal
year.)
So…The
government
declares
savings
2011.
coming
from
unobligated
allotments
and
withdrawing
unreleased
appropriations,
which
are
later
released
and
applied
to
augment
existing
projects
and
support
other
priority
projects.
What
is
DAP
in
the
first
place?
According
to
Sec.
Abad,
DAP
is
a
program
designed
by
DBM
to
ramp
up
the
spending
(of
the
govt)
to
accelerate
economic
expansion.
Basically,
the
less
the
Now,
DAP
is
NOT
an
appropriation
measure,
because
there
was
no
law
required
to
government
spends,
the
slower
the
GDP
of
the
country
rises.
Kaya
may
DAP
para
tumaas
implement
it.
This
is
pursuant
to
Sec
29(1)
of
Article
VI,
where
the
president
may
adapt
the
GDP
natin.
Abad
also
said
that
it
was
the
senators
were
the
ones
that
requested
the
funding.
budget
to
changes
depending
on
the
country’s
economy.
The
funds
under
the
DAP
are
taken
from:
However,
the
unreleased
appropriations
and
withdrawn
obligated
allotments
under
the
DAP
1. unreleased
appropriations
under
Personnel
Services
were
NOT
savings.
Thus,
transferring
them
would
contravene
sec.25(5)
of
Art
VI.
Said
section
2. unprogrammed
funds
requires
that
there
be
a
LAW
authorizing
the
transfer,
and
in
that
section,
the
funds
to
be
3. carry-‐over
appropriations
unreleased
from
the
previous
year,
and
transferred
must
be
SAVINGS
and
the
purpose
is
to
AUGMENT
an
item
for
the
respective
4. budgets
for
slow-‐moving
items
or
projects
that
had
been
realigned
to
support
offices
of
the
Pres,
Senate
Pres,
Speaker,
Chief
Justice,
and
heads
of
Consti
Comms.
faster-‐disbursing
projects
First,
for
compliance
with
25(5),
there
must
be
a
LAW.
However,
the
GAAs
of
2011
and
2012
But
the
DBM
later
claimed
that
the
DAP
releases
were
sourced
from:
authorizing
the
transfer
of
funds
were
unconstitutional.
Why?
Because
the
GAAs
allowed
the
1. savings
of
the
government,
derived
from:
augmentation
of
any
item
in
the
act,
even
if
the
item
belonged
to
an
office
outside
the
a. pooling
of
unreleased
appropriations,
like
unreleased
Personnel
Services
Executive.
appropriations,
and
appropriations
from
slow-‐moving/discontinued
projects,
and
Next,
there
were
NO
SAVINGS
from
which
funds
could
be
sourced
for
the
DAP.
Why?
b. the
withdrawal
of
unobligated
allotments,
also
for
slow-‐moving
Because
the
funds
in
the
DAP
were
not
actually
savings.
How?
Because
savings
means
excess
programs,
earlier
released
to
govt
agencies;
and
money
after
the
items
that
needed
funding
have
been
funded.
In
NBC
No.
541,
no
legal
basis
2. unprogrammed
funds
was
given
as
to
justify
the
treatment
of
unreleased
or
unalloted
appropriations
as
savings.
Issues
Next,
the
funds
under
the
DAP
should
not
be
used
to
augment
items
not
provided
for
in
the
Procedural
Issue:
W/N
certiorari,
prohibition
and
mandamus
are
proper
remedies—NOT
GAA.
But
what
happened
was
that
the
DAP
authorized
the
transfer
of
funds
to
projects
not
gonna
include
this
na.
So
I
dunno.
under
the
GAA.
What
was
worse
is
that
it
allowed
cross-‐border
augmentations,
or
transfers
Substantive
issues:
to
funds
that
are
not
within
the
respective
offices
of
the
Pres,
Senate
Pres,
etc.
Eh
bawal
yun.
1. (relevant
to
our
class)
W/N
DAP
violates
Sec
29
of
Art
VI
So
ayun.
2. (relevant
to
our
class)
W/N
DAP,
NBC
No
541
and
other
implementing
issuances
violate
Sec
25(5)
of
Art
VI
3. W/N
DAP
violates:
EPC,
system
of
checks
and
balances,
principle
of
public
accountability
4. W/N
there
exists
a
factual
&
legal
justification
to
issue
a
TRO
against
the
DAP
§ Once
approved
by
el
Presidente
and
the
Cabinet,
the
DBM
5. W/N
the
release
of
unprogrammed
funds
under
the
DAP
was
in
accord
with
the
prepares
the
budget
documents
for
submission
to
Congress.
GAAs
(gen.
appropriation
acts)
The
documents
consist
of:
(1)
President’s
Budget
Message,
and
(2)
the
BESF
(as
mandated
by
Article
VII,
Sec.
22),
and
the
NEP
Ratio
§ At
this
point,
the
ponente
discusses
definitions
of
all
sorts
of
Overview
of
the
Philippine
Budget
System
government
expenditures
shiz.
Yes,
puro
definitions,
so
skip
if
• Really
boring
shit,
but
I
will
include
it
anyway
you
want.
Super
boring.
Don’t
say
I
didn’t
warn
you.
• “Budget”
is
defined
by
Commonwealth
Act
No.
246
as
“the
financial
program
of
the
§ Basically
there
are
kinds
of
puhlic/government
expenditures,
National
Government
for
a
designated
fiscal
year,
consisting
of
the
statements
of
classified
into
two
categories:
estimated
receipts
and
expenditures.”
• (1)
capital
expenditures
or
those
whose
usefulness
o Simply
put,
“budget”
is
the
“master
financial
plan
of
the
government”
lasts
for
more
than
one
year,
and
which
add
to
the
o The
purpose
of
the
national
budget
is
to
protect
the
people,
the
territory
assets
of
the
government,
and
and
sovereignty
of
the
State,
by
performing
vital
functions
which
require
• (2)
current
operating
expenditures,
or
purchases
of
public
expenditures.
goods
and
services
the
benefit
of
which
does
not
• Governments
raise
money
by—well,
you
should
know
this
by
now,
Montero
extend
beyond
the
fiscal
year.
Current
operating
babies—taxation.
expenditures
consist
of:
(a)
personal
services
and
(b)
• The
Philippine
budget
cycle
has
four
phases:
(skip
this
if
you
want.
Super
technical
maintenance
of
other
operating
expenses
ng
shizniz
but
if
magtanong
sya
about
this,
well…sana
hindi.
Trolololol.
But
do
read
§ Public
expenditures
are
also
broadly
grouped
into:
economic
the
“budget
legislation”
and
“budget
execution”
parts,
he
might
ask
the
procedure
development
expenditures,
social
services
or
social
in
Congress.)
development
expenditures,
general
government
expenditures,
1. BUDGET
PREPARATION
national
defense
expenditures,
and
public
debt.
§ the
DBM
issues
a
“budget
call”
§ Public
revenues
cover
all
income
or
receipts
of
the
govt
• The
budget
call
contains
the
parameters,
guidelines
treasury
used
to
support
govt
expenditures.
There
are
two
and
procedures
set
by
the
Development
Budget
aspects
of
this:
Coordination
Committee
(DBCC)
to
aid
government
• Quasi-‐private
income
–
where
the
State
holds
agencies
in
the
preparation
and
submission
of
their
property
and
engage
in
trade
which
generate
budget
proposals
revenues
• There
are
two
kinds
of
budget
calls:
• Taxes
–
lifeblood
of
the
govt
blah
blah
o National
Budget
Call:
addressed
to
all
• Hi
Cler!
Sana
di
ako
matawag
today.
agencies,
including
state
universities
and
• Look
at
the
full
text
to
see
where
the
govt
gets
its
colleges;
and
revenue.
Basically
some
are
general
sources
(income
o Corporate
Budget
Call,
addressed
to
all
from
business
operations,
interest
income,
forex
GOCCs
and
gov’t
financial
institutions
gains,
grants/donations)
and
specific
sources
(taxes
§ After
the
budget
call,
the
agencies
submit
their
respective
on
income,
property,
goods
and
services,
fines
and
agency
budget
proposals
penalties,
etc.)
• The
govt
agencies
partner
with
civil
society
2. BUDGET
LEGISLATION
(I
think
this
is
the
part
relevant
to
Sec.
25?)
organizations
and
other
citizen-‐stakeholders
in
the
§ covers
the
period
commencing
from
the
time
the
Congress
preparation
of
the
proposals
receives
the
President’s
budget,
inclusive
of
NEP
and
BESF,
up
• The
proposals
are
presented
before
a
technical
panel
to
the
approval
by
the
President
of
the
GAA
(general
of
the
DBM
appropriations
act).
• DBM
reviews
the
budget
proposals,
comes
up
with
§ Basically
the
President’s
Budget
is
assigned
to
the
House
of
recommendations,
and
consolidates
the
Reps’
appropriations
committee
(AppCom)
on
first
reading.
recommended
budgets
into
the
National
Expenditure
§ The
AppCom
conduct
budget
hearings,
Program
(NEP)
and
a
Budget
of
Expenditures
and
§ Thereafter,
the
House
drafts
the
General
Appropriations
Bill
Sources
Financing
(BESF)
(GAB.
Think
of
GAP,
but
B).
(Thus,
the
bill
“originates”
from
the
§ Both
NEP
and
BESF
(besfrIend.
Lol.
Labo.
Sssh
Jates
House
of
Reps.)
concentrate!)
are
again
presented
to
the
DBM
and
the
DBCC
for
• The
GAB
is
presented
by
the
AppCom
in
plenary
reprioritization
and
refinements.
session.
• Ang
itim
ni
Nat.
§ Actual
disbursement
or
spending
of
government
funds
• As
with
other
laws,
the
GAB
is
approved
on
the
third
terminates
this
phase.
reading
before
it
is
transferred
to
the
Senate
4. ACCOUNTABILITY
§ The
Senate,
upon
receipt,
would
conduct
its
own
hearings.
The
§ this
phase
ensures
that
the
govt
funds
have
been
effectively
Senate
may
actually
conduct
the
hearings
simultaneously
with
and
efficiently
utilized
to
achieve
the
State’s
socio-‐economic
the
House’s
deliberations.
goals.
• The
Senate’s
Finance
Committee
may
submit
§ Aiza
can
I
have
extra
rice?
proposed
amendments
only
after
the
House’s
version
§ Accountability
may
be
examined
by
performance
targets
and
is
formally
transmitted
to
the
Senate.
outcomes;
accountability
reports;
review
of
performance;
and
§ Then
comes
the
Bicameral
Conference
Committee
for
the
COA
audits.
DONE.
BOOM.
TANGINA
THIS
PART.
purpose
of
harmonizing
conflicting
provisions
of
the
GAB.
§ Then,
the
GAB
is
presented
to
the
President
for
approval.
Nature
of
the
DAP
as
a
fiscal
plan
§ President
(think
Your
Man,
Our
Man,
Armand
Dulay)
then
• The
DAP,
as
earlier
mentioned,
was
designed
to
promote
economic
growth.
reviews
it.
He
may
veto
it
and
all,
or
even
identify
some
items
• When
Noynoy
made
pasok
to
the
presidency,
he
made
efficiency
and
transparency
for
conditional
implementation.
in
govt
spending
a
significant
focus
of
his
administration.
§ If,
by
the
end
of
the
fiscal
year,
Congress
shall
have
failed
to
• While
this
resulted
in
an
improved
fiscal
deficit
in
the
GDP
(5%),
it
also
decelerated
pass
the
GAB,
the
GAA
for
the
preceding
fiscal
year
shall
be
govt
project
implementation
and
payment
schedules.
deemed
reenacted
until
the
GAB
is
passed
by
Congress!
o The
World
Bank
opined
that
observed
because
of
this,
the
Philippine
§ At
this
point,
pagod
na
ako,
so
bear
with
me.
Oso.
Bear.
economic
growth
could
be
reduced
3. BUDGET
EXECUTION
• Hence,
DAP
was
created.
§ The
budget
execution
phase
is
the
primary
function
of
the
DBM
o DAP
was
meant
to
be
a
stimulus
package”
for
fast-‐track
public
spending
§ The
DBM
(not
LBM
ah,
mind
you)
is
tasked
to
perform
the
ff
to
push
economic
growth
by
investing
on
high-‐impact
projects
to
be
procedures:
funded
from
the
savings
generated
during
the
year
as
well
as
from
as
a. issue
programs
and
guidelines
for
the
release
of
funds
unprogrammed
funds.
b. prepare
an
allotment
and
cash
release
program
o The
government,
by
spending
on
public
infrastructure,
would
signify
its
c. release
allotments
commitment
of
ensuring
profitability
for
prospective
investors.
d. issue
disbursement
authorities
o DAP
aims
to
stimulate
the
economy
by
way
of
accelerated
spending,
by:
§ Prior
to
the
implementation,
the
various
dept
and
agencies
are
§ Streamlining
the
implementation
processes
through
required
to
submit
the
Budget
Execution
Documents
to
outline
infrastructure
projects
of
DPWH
and
DEPED,
and
their
plans
and
performance
targets.
The
docs
must
contain
the
§ Frontlining
PPP
(private-‐public
partnership)
projects
physical
and
financial
plans,
the
monthly
cash
program,
o But…did
the
stimulus
package
work?
estimate
of
monthly
income,
and
list
of
obligations
not
yet
due
§ Partially
yes.
and
demandable.
§ The
DAP
contributed
to
1.3%
GDP
growth
by
the
4th
quarter
of
§ Upon
approval,
the
DBM
prepares
the
allotment
release
2011.
program
(sets
a
limit
for
allotments
to
a
specific
agency)
and
§ The
economy
grew
by
11.8%
year
on
year,
and
infrastructure
cash
release
program
(fixes
the
monthly,
quarterly
and
annual
spending
grew
to
34%
by
Sept
2013.
disbursements)
o But
how
were
the
projects
funded
under
the
DAP
chosen?
They
were
§ Allotment
is
different
from
appropriation,
because
the
latter
is
chosen
based
on:
the
general
legislative
authority
to
spend
(remember
this
§ Multiplier
impact
on
the
economy
and
infrastructure
devt
definition!).
§ Beneficial
effect
on
the
poor
§ To
settle
obligations
incurred
by
the
agencis,
the
DBM
issues
a
§ Translation
into
disbursements
disbursement
authority
known
as
notice
of
cash
allocation
(NCA).
The
NCA
specifies
the
maximum
amount
of
cash
that
can
DAP
SOURCES
AND
DISBURSEMENTS—heto
na
ang
meat!
Ilabas
na
ang
extra
rice!
be
withdrawn
from
a
govt
servicing
bank
for
the
period
• Based
on
a
memorandum
from
DBM
Secretary
Abad
dated
12
October
2011,
the
indicated.
following
are
the
sources
of
DAP:
• Noncash
disbursements
may
also
be
authorized.
o Unreleased
personal
services
appropriations
(30billion
php)
• A
cash
disbursement
ceiling
for
overseas
operations
o Unreleased
appropriations
(482
million)
is
also
authorized.
o Unprogrammed
fund
from
2010
(12.3
billion)
o Carryover
appropriation
from
2010
(21.5
billion)
and
(3)
personal
services
corresponding
to
unutilized
pension
benefits
declared
as
o Budget
items
for
realignment
(7.7
billion)
savings
by
the
agencies
concerned.
o TOTAL:
72,110,000,000
pesos
o However,
the
following
shall
not
be
covered:
• Among
the
projects
to
benefit
from
the
DAP
are:
§ Constitutional
offices
granted
fiscal
autonomy
by
the
consti
o FOR
GOCCs
and
Govt
financial
instituions
§ State
universities
and
colleges
that
adopted
a
predetermined
§ Rehab
of
LRT
1
and
2
budget
ceiling
§ National
Housing
Authority
§ Operating
expenses
earmarked
for
specific
purposes,
or
subject
§ Philippine
Heart
Center
to
realignment
conditions
accdg
to
the
GAA
§ Credit
Info
Corp
§ Foreign-‐assisted
projects
§ Bangko
Sentral
equity
infusion
§ Special
purpose
funds
(e.g.
calamity
funds,
PDAF!!!,
E-‐
§ Etc.,
totaling
an
allotment
of
26,945,000,000
pesos
government
fund,
etc)
(oo,
PDAF!!
Had
this
been
constitutional,
o LGUs/Govt
agencies
it
means
na
bawal
i-‐stop
ang
pagdisburse
ng
PDAF
under
NBC
§ BIR
–
data
processing
No.
541!)
#quito
#qdaf
§ COA
–
IT
infrastructure
• For
the
purpose
of
determining
the
amount
of
unobligated
allotments
that
shall
be
§ DND
–
housing
facilities
withdrawn,
all
depts/agencies/etc
are
required
to
submit,
not
later
than
30
July
§ DA
–
irrigation
and
the
Mindanao
Rural
Development
Project
2012,
accountability
reports
§ DOJ
–
operating
requirements
• All
released
allotments
which
remained
unobligated
as
of
30
June
2012
shall
be
§ DOST
–
establishment
of
the
National
Meteorological
and
immediately
considered
for
withdrawal,
based
on
substantial
carryover
Climate
Center
appropriations
(but
not
if
the
project
has
a
two-‐year
timeframe).
§ DPWH
–
various
infrastructure
projects
• The
withdrawn
allotments
may
be:
§ ARMM
–
comprehensive
peace
and
devt
intervention
o Reissued
for
the
original
programs
and
projects,
from
which
the
§ LGU
support
fund
allotments
were
withdrawn
(in
other
words,
pwede
ibalik
sa
project
na
§ “various
local
projects”
tinanggalan
ng
allotment);
§ Quezon
province
–
Development
assistance
o Realigned
to
cover
additional
funding
for
other
existing
programs;
or
§ Etc.,
totaling
44
billion
pesos
o Used
to
augment
existing
programs/projects
of
any
agency
to
fund
o GRAND
TOTAL:
70.895
billion
pesos
priority
programs
not
considered
in
the
2012
budget
but
expected
to
be
• Thereafter,
on
12
Dec
2011,
Abad
requested
Noynoy
for
omnibus
authority
to
started
or
implemented
during
the
year
(eh
gago
pala
eh!)
consolidate
the
savings
and
unutilized
balances
• By
30
September
2012,
the
withdrawn
allotments
shall
be
pooled
and
form
part
of
o The
purpose
of
the
request
for
omnibus
authority
is
that
it
will
allow
the
the
government’s
overall
savings
DBM
to
undertake
projects,
even
if
their
implementation
carries
over
to
• Utilization
of
consolidated
withdrawn
allotments
for
other
priority
programs
and
2012,
without
necessarily
impacting
the
budget
deficit
cap
in
2012.
projects
shall
be
subject
to
the
approval
of
Noynoy
• This
request
for
omnibus
authority
was
followed
by
substantially
identical
requests
• TO
SUMMARIZE
HOW
THE
DAP
WORKS:
The
government
declares
savings
coming
from
unobligated
allotments
and
withdrawing
unreleased
appropriations,
which
NBC
NO.
541
–
read
this
carefully.
The
bulk
of
the
issues
come
from
this
fucking
circular
are
later
released
and
applied
to
augment
existing
projects
and
support
other
• To
implement
the
memo
of
Abad,
he
issued
NBC
No.
541,
addressed
to
all
heads
of
priority
projects.
Boompanis.
departments,
agencies,
etc.,
with
the
subject
“Adoption
of
Operational
Efficiency
Measure—Withdrawal
of
Agencies’
Unobligated
Allotments
as
of
June
30,
2012”
DAP
is
not
an
appropriation
measure,
so
no
appropriation
law
was
required
to
adopt
or
• According
the
NBC
No.
541,
“In
the
event
that
a
measure
is
necessary
to
further
implement
it
improve
the
operational
efficiency
of
the
government,
the
President
is
authorized
• Petitioners
(well,
some
of
them,
not
all)
said
that
the
Congress
did
not
enact
a
law
to
suspend
or
stop
further
use
of
funds
allotted
for
any
agency
or
expenditure
to
establish
DAP.
But
the
OSG
said
that
since
DAP
is
neither
a
fund
nor
an
authorized
in
the
GAA.”
(in
other
words,
withdrawal
of
unobligated
allotments)
appropriation,
but
a
program
for
spending,
the
law
was
not
necessary
o This
is
because
for
from
Jan-‐May
2012,
the
govt
didn’t
meet
its
spending
• SC
took
the
OSG’s
view.
Love
you
Mahrra!
targets.
Thus,
in
order
to
accelerate
spending
and
sustain
fiscal
targets,
• Also,
Noynoy
did
not
usurp
the
legislative
power
under
Section
29(1)
of
Article
VI:
Abad
deemed
it
necessary
to
implement
expenditure
measures
to
o The
President
has
sufficient
discretion
during
the
execution
of
the
budget
optimize
the
use
of
available
resources.
to
adapt
the
budget
to
changes
in
the
country’s
economic
situation
• The
unobligated
allotments
to
be
withdrawn
shall
cover
those
of
all
govt
agencies,
o He
could
pool
savings
and
identify
projects
to
be
funded
under
the
DAP
pertaining
to:
(1)
capital
outlays,
(2)
maintenance
and
other
operating
expenses,
o No
appropriation
was
involved,
because
money
had
already
been
set
apart
by
Congress
through
the
GAA
o Thus,
no
usurpation
of
legislative
power
§ The
phrase
“for
their
respective
offices”
was
to
authorize
only
transfers
of
funds
within
their
offices
Unreleased
appropriations
and
withdrawn
unobligated
allotments
under
the
DAP
were
§ What
was
included
in
the
GAAs
was
the
phrase
“to
augment
NOT
SAVINGS,
and
the
use
of
such
appropriations
contravened
Article
VI,
Sec
25(5)
any
item
in
this
Act”,
thereby
allowing
the
transfer
of
funds
• BV
ka
Jag,
ang
short
ng
digest
mo.
from
savings
to
augment
any
item
in
the
GAA,
even
if
the
item
• Ang
haba
talaga
ng
DAP
case.
I
now
know
how
Cler
feels.
belonged
to
an
office
outside
the
Executive
(see
the
list
I
placed
• Anyway,
although
executive
discretion
and
flexibility
are
necessary
in
the
sa
taas)
execution
of
the
budget,
ANY
TRANSFER
OF
FUNDS
SHOULD
CONFORM
TO
SEC.
§ At
the
very
least,
the
provisions
cannot
be
used
to
claim
25(5),
ART.
VI
authority
to
transfer
appropriations
from
the
Executive
to
o The
SC
concedes
that
executive
discretion
is
necessary
to
achieve
sound
another
branch
fiscal
administration
o After
realizing
the
problem,
Congress
inserted
the
omitted
phrase
in
the
§ Thus,
the
President
and
the
heads
of
offices
require
flexibility
in
counterpart
provision
in
the
2013
GAA:
“The
[insert
the
people]
are
making
necessary
adjustments
hereby
authorized
to
use
savings
in
their
respective
appropriations
to
o The
President
has
the
power
to
transfer
funds
to
meet
unforeseen
events
augment
actual
deficiencies
incurred
for
the
current
year
in
any
item
of
that
may
otherwise
impede
the
efficient
implementation
of
projects
their
respective
appropriations”
under
the
GAA
• SECOND
REQUISITE:
There
were
NO
savings
from
which
funds
could
be
sourced
o Congress
has
traditionally
allowed
much
flexibility
to
the
President
in
for
the
DAP
allocating
funds
pursuant
to
the
GAAs.
o The
central
question
to
be
asked
is:
Were
the
funds
used
in
the
DAP
§ This
flexibility
comes
in
the
form
of
policies
that
the
executive
actually
savings?
Answer
is
a
resounding
NO.
may
adopt
during
the
budget
execution
phase.
o Petitioners
argue
that
the
term
“savings”
should
be
understood
to
refer
§ The
DAP
thus
falls
in
this
category
as
a
policy.
to
the
excess
money
after
the
items
that
needed
funding
have
been
o (Then
comes
a
whole
bunch
of
historical
shit
on
how
the
president
has
funded.
Thus,
there
could
only
be
savings
when
the
projects
(for
which
been
given
the
authority
to
transfer
funds
blah
blah
blah)
the
funds
had
been
appropriated)
were
actually
implemented
o Basically
the
SC
ends
this
part
by
saying
Sec
25(5)
should
be
interpreted
o OSG
argues
differently,
by
saying
that
“savings”
were
“appropriations
in
the
context
of
a
limitation
on
the
President’s
discretion
over
the
balances,”
being
the
difference
between
the
appropriation
authorized
by
appropriations
during
the
budget
execution
phase
congress,
and
the
actual
amount
allotted
for
the
appropriation.
• Requisites
for
the
valid
transfer
of
appropriated
funds
under
Sec
25(5):
o SC
sided
partially
with
the
petitioners
o There
is
a
law
authorizing
the
President,
Senate
President,
Speaker,
Chief
o SC
thereafter
enumerated
certain
principles
in
ascertaining
the
meaning
Justice,
and
heads
of
the
Consti
Comms
of
“savings,”
to
wit:
o The
funds
to
be
transferred
are
savings
generated
from
the
§ First
principle:
Congress
wields
the
power
of
the
purse;
that
is,
appropriations
for
their
respective
offices
Congress
decides
how
the
budget
will
be
spend,
what
projects
o The
purpose
of
the
transfer
is
to
augment
an
item
in
the
general
to
fund,
and
how
much
is
to
be
spent
for
each
project
appropriations
law
for
their
respective
offices
§ Second
principle:
The
Executive
is
expected
to
faithfully
execute
the
GAA
and
to
spend
the
budget
in
accordance
with
the
GAA
DISCUSSION
ON
THE
THREE
REQUISITES:
§ Third
principle:
In
making
the
President’s
power
to
augment
• FIRST
REQUISITE:
The
GAAs
of
2011
and
2012
lacked
valid
provisions
authorizing
operative
under
the
GAA,
Congress
recognizes
the
need
for
transfers
of
funds
under
the
DAP.
Thus,
unconstitutional.
flexibility
in
budget
execution.
Thus,
Congress
diminishes
its
o Section
25(5)
is
NOT
a
self-‐executing
provision,
so
there
must
be
a
law
to
own
power
of
the
purse
by
delegating
a
fraction
of
its
power
to
implement
it.
That
law
is
generally
the
GAA
of
a
given
fiscal
year.
the
Executive.
BUT,
Congress
does
not
thereby
allow
the
o Under
the
GAAs
of
2011
and
2012,
the
provision
on
the
Use
of
Savings
Executive
to
override
its
authority
thereby
exceeding
the
says:
“The
[people
I
mentioned
earlier]
are
hereby
authorized
to
delegated
authority.
augment
any
item
in
this
Act
from
savings
in
other
items
of
their
§ Fourth
principle:
Savings
should
be
actual,
or
something
that
respective
appropriations.”
exists
presently
in
fact
and
not
something
theoretical,
possible
§ That
provision
was
used
by
the
DBM
to
justify
the
use
of
or
hypothetical.
savings
under
the
DAP.
o Thus,
“savings”
should
be
construed
strictly
against
expanding
the
scope
o But..a
fair
reading
of
this
shows
that
the
GAAs
of
both
2011
and
2012
did
of
the
power
to
augment.
not
carry
the
phrase
“for
their
respective
offices”
as
contained
in
Sec
o Under
the
GAA
of
2011,
2012
and
2013,
the
following
definition
of
25(5).
Thus,
the
provision
is
textually
unfaithful
to
the
Consti.
“savings”
can
be
found:
§ Savings
refer
to
portions
or
balances
of
any
programmed
appropriation
in
this
Act
free
from
any
obligation
of
§ Eh
diba
the
definition
of
“savings”
should
be
that
it
must
have
encumbrance
which
are
(i)
still
available
after
the
completion
or
been
used
first?
How
can
you
use
funds
when
the
funds
had
final
discontinuance
or
abandonment
of
the
work,
activity
or
not
even
reached
the
agency?
purpose
for
which
the
appropriation
is
authorized;
(ii)
from
o For
unobligated
allotments,
these
were
encompassed
by
the
definition
appropriations
balances
arising
from
unpaid
compensation
and
of
savings
in
the
GAA.
But
according
to
the
provision
cited,
the
related
costs
pertaining
to
vacant
positions
and
leaves
of
unobligated
allotments
are
qualified
by
three
enumerated
instances
of
absence
without
pay;
and
(iii)
from
appropriations
balances
when
savings
would
be
realized.
realized
from
the
implementation
of
measures
resulting
in
§ As
such,
unobligated
allotments
could
not
be
indiscriminately
improved
systems
and
efficiencies
and
thus
enabled
agencies
to
declared
as
savings
without
first
determining
whether
any
of
meet
and
deliver
the
required
or
planned
targets,
programs
the
three
instances
existed.
and
services
approved
in
this
Act
at
a
lesser
cost.
§ This
signified
that
the
DBM’s
withdrawal
of
unobligated
§ The
three
instances
basically
say
that
savings
could
be
allotments
had
disregarded
the
definition
of
“savings”
under
generated
only
upon
the
purpose
of
the
appropriation
being
the
GAAs
fulfilled,
or
upon
the
need
for
the
appropriation
being
no
o Likewise,
petitioners
accuse
respondents
of
forcing
the
generation
of
longer
existent.
savings
in
order
to
have
a
larger
fund
available
for
discretionary
§ Likewise,
the
phrase
“free
from
any
obligation
or
spending.
This
would
effectively
deprive
funding
for
projects
with
encumbrance”
also
implies
that
the
appropriation
was
at
that
existing
appropriations
under
the
GAAs.
SC
sided
with
them
on
this
stage
when
the
appropriation
was
already
obligated
and
point.
released.
§ This
is
because
there’s
no
law
authorizing
the
withdrawal
and
• Thus,
the
appropriation
must
have
reached
the
transfer
of
unobligated
allotments
and
the
pooling
of
agency.
unreleased
appropriations.
• It
is
only
at
the
agency
level
when
it
could
be
o Nonetheless,
such
withdrawal
and
the
retention
of
appropriated
funds
determined
that
the
project
was
completed,
cannot
be
considered
as
impoundment
discontinued
or
abandoned;
or
that
the
targets
were
§ Impoundment
refers
to
the
refusal
by
the
President,
for
realized
at
a
lesser
cost.
whatever
reason,
to
spend
funds
made
available
by
Congress.
It
o What
are
unreleased
appropriations
anyway?
is
the
failure
to
spend
or
obligate
budget
authority
of
any
type.
§ According
to
DBM,
these
are
those
that
are,
well,
unreleased.
§ The
withdrawal
of
unobligated
allotments
should
not
be
Duh.
regarded
as
impoundment
because
it
only
entailed
the
transfer
§ They
were
unreleased
because
of
either
noncompliance
with
of
funds,
not
the
retention
or
deduction
of
appropriations.
documentary
requirements,
or
unavailability
of
funds.
o Lastly
under
this
point,
the
Executive
could
not
circumvent
the
Admin
§ But
the
funds
of
these
do
not
reach
the
agencies,
but
remain
Code
by
declaring
unreleased
appropriations
and
unobligated
allotments
with
the
DBM.
as
savings
prior
to
the
end
of
the
fiscal
year.
§ Ergo,
unreleased
appropriations
refer
to
appropriations
with
§ Under
the
Admin
Code,
the
President
is
authorized
to
suspend
allotments
but
without
disbursement
authority.
the
further
expenditure
of
funds
for
any
agency.
o Now,
the
DBM
(in
NBC
No.
541)
declared
that
part
of
the
savings
brought
§ It
must
be
noted
that
DBM
did
not
suspend
or
stop
further
under
the
DAP
came
from
the
pooling
of
unreleased
appropriations,
such
expenditures.
Rather,
it
contemplated
a
transfer
of
funds.
as
personnel
services
appropriations,
unreleased
appropriations
of
slow-‐ § Thus,
walang
savings
because
the
funds
were
transferred
and
moving
and
discontinued
projects.
not
retained.
This
is
inconsistent
with
the
definition
of
savings
§ This
declaration
by
the
DBM
by
itself
does
not
state
the
clear
na
dapat,
may
excess
money
after
the
items
that
needed
to
be
legal
basis
for
the
treatment
of
unreleased
or
unalloted
funded
have
been
funded.
appropriations
as
savings.
• THIRD
REQUISITE:
The
rule
is
that
no
funds
from
savings
could
be
transferred
§ They
have
not
yet
ripened
into
categories
of
items
from
which
under
the
DAP
to
augment
deficient
items
not
provided
in
the
GAA.
But
the
DAP
savings
can
be
generated.
allows
the
augmentation
of
projects
not
in
the
GAP.
Thus,
unconsti!
o For
the
SC
to
consider
unreleased
appropriations
as
savings
would
o The
term
augment
means
to
enlarge
or
increase
in
size,
amount
or
undercut
the
Congress’
power
of
the
purse.
degree.
This
applies
to
funds,
and
not
something
else…well,
basta.
Labo.
§ Such
appropriations
had
not
even
reached
the
agency
o The
GAAs
of
2011-‐2013
set
as
a
condition
for
augmentation
that
the
concerned
vis-‐à-‐vis
the
projects
for
which
the
Congress
had
appropriation
for
the
project
item
to
be
augmented
must
be
deficient.
(In
allocated
them
other
words,
kulang
yung
pera
for
a
specific
project)
o Thus,
an
appropriation
for
any
project
must
first
be
determined
to
be
§ But…Justice
Mendoza,
representing
the
Congress
in
this
case,
deficient
before
it
could
be
augmented
from
savings.
argued
that
the
cross-‐border
transfers
were
in
the
nature
of
o In
2013,
a
total
of
144.4
billion
pesos
worth
of
projects
were
“aid”
instead
of
“augmentation”
implemented
through
DAP.
However,
upon
careful
review
of
the
• He
said
that
they
felt
there
would
be
chaos
if
no
documents
contained
in
seven
evidence
packets,
the
“savings”
pooled
money
is
given
as
aid
under
the
DAP
were
allocated
to
projects
not
covered
by
any
• But,
the
court
said
that,
regardless
of
the
appropriations
in
the
pertinent
GAAs.
characterization
as
augmentation
or
aid,
cross-‐
§ For
instance,
funds
were
transferred
to
the
Disaster
risk,
border
transfers
were
prohibited
under
Sec
25(5)
of
Exposure,
Assessment
and
Mitigation
(DREAM)
Project
of
DOST.
Article
VI.
While
appropriation
was
provided
by
Congress,
under
the
DAP
the
Executive
allotted
funds
for
personnel
services
and
capital
Sourcing
the
DAP
from
unprogrammed
funds
despite
the
original
revenue
targets
not
outlays
which
were
not
included
in
the
appropriation
made
by
having
been
exceeded
was
invalid
Congress.
• The
2011,
2012
and
2013
BESFs
defined
“unprogrammed
appropriations”
as
those
§ A
similar
situation
occurred
with
the
project
called
that
provided
standby
authority
to
incur
additional
agency
obligations
for
priority
“establishment
of
the
advanced
failure
analysis
laboratory”
for
projects
when
revenue
collections
exceeded
targets,
and
when
additional
foreign
DOST,
where
particular
disbursements
were
allowed
under
the
funds
are
generated.
DAP,
but
were
not
included
in
the
GAAs.
This
was
unlawful.
• The
DBM
contemplated
that
the
unprogrammed
funds
could
be
availed
of
when
§ It
must
be
worth
stressing
that
if
a
particular
project
proposed
any
of
the
three
instances
occur:
by
the
President
was
not
included
in
the
GAAs,
it
means
that
(1) the
revenue
collections
exceeded
the
original
revenue
targets
in
the
BESFs
Congress
did
not
see
it
fit
to
receive
funds.
And
the
President
submitted
by
the
Pres
to
Congress
should
respect
that.
(2) New
revenues
were
collected
from
sources
not
originally
considered
in
the
o Although
the
Executive
was
authorized
to
spend
in
line
with
its
mandate
BESFs
to
faithfully
execute
laws,
such
authority
did
not
translate
to
an
(3) Newly-‐approved
loans
for
foreign-‐assisted
projects
were
secured
unfettered
discretion
to
submit
his
own
will
for
that
of
Congress.
o Thus
under
this
system,
even
if
the
revenues
not
considered
in
the
BESFs
• THIRD
REQUISITE
(ALSO):
CROSS-‐BORDER
AUGMENTATIONS
FROM
SAVINGS
were
collected,
the
basic
condition
that
the
revenue
collections
should
WERE
PROHIBITED
BY
THE
CONSTITUTION
exceed
the
revenue
targets
must
still
be
complied
with
in
order
to
justify
o By
providing
that
the
Pres,
Senate
Pres,
Speaker,
Chief
Justice,
Heads
of
the
release
of
unprogrammed
funds.
Consti
Commissions
may
be
authorized
to
augment
any
item
in
the
GAA
o In
other
words,
marerelease
lang
ang
unprogrammed
funds
if
may
for
their
respective
offices,
the
Consti
delineated
borders
between
their
sobrang
revenue.
offices.
• The
2011
and
2012
GAAs,
however,
contemplated
only
the
first
two
scenarios
§ Funds
appropriated
for
one
office
are
prohibited
from
enumerated
above
“crossing
over
to
another
office,”
even
in
the
guise
of
• However,
a
fair
reading
of
the
provisions
of
the
two
GAAs
(medyo
mahaba
so
look
augmentation.
at
the
full
text
na
lang)
would
show
that
the
provisions
did
not
at
all
waive
§ Such
unconstitutional
transfers
are
called
cross-‐border
compliance
with
the
basic
requirement
that
revenue
collections
must
still
exceed
augmentations
the
original
revenue
targets
o In
the
oral
arguments
held
for
the
case,
Secretary
Abad
admitted
to
• However,
when
the
SC
required
the
respondents
(Noynoy
and
friends)
to
submit
a
making
some
cross-‐border
augmentations.
certification
form
the
Treasure
to
the
effect
that
the
revenue
collections
had
§ Two
instances
of
cross-‐border
augmentations
were
narrated:
exceeded
the
original
targets,
they
submitted
certifications
pertaining
to
only
one
(1) The
House
of
Representatives
requested
the
President
to
source
of
revenue:
dividends
from
the
shares
held
by
the
govt
in
GOCCs.
grant
them
an
augmentation
for
the
building
of
their
e-‐ • However
(again.
But
bawal
daw
magstart
ng
sentences
with
however),
it
must
be
library,
because
according
to
the
House,
failure
to
do
so
noted
that
the
unprogrammed
funds,
being
standby
appropriations,
were
to
be
may
result
to
serious
deterioration
released
only
when
there
were
revenues
in
excess
of
what
the
programmed
(2) COA
(yes,
COA!!!)
asked
for
extra
funds
from
the
Pres
for
appropriations
required.
As
such,
the
revenue
targets
should
be
considered
as
a
information
technology
equipment,
as
well
as
fees
for
whole
and
not
individually.
consultants.
o Otherwise,
we
would
be
dealing
with
artificial
revenue
surpluses.
§ Eh
super
obvious
that
these
are
cross-‐border
augmentations
o Thus,
the
revenue
collections
as
a
whole
must
exceed
the
total
of
the
not
supported
by
appropriations
under
the
GAA!
revenue
targets
stated
in
the
BESF.
Next
is
a
challenge
to
EPC,
checks
and
balances,
and
public
accountability
charges.
(c) The
funding
of
projects,
activities
and
programs
that
were
not
covered
by
any
• For
EPC,
the
SC
was
not
in
the
position
to
rule
on
it
because
kulang
yung
evidence
appropriation
in
the
General
Appropriations
Act.
• On
checks
and
balances…well
the
doctrine
on
separation
on
powers
answers
this
one.
The
Court
further
DECLARES
VOID
the
use
of
unprogrammed
funds
despite
the
absence
of
a
• As
for
public
accountability…well
good
intention
naman
yung
paggawa
sa
DAP
certification
by
the
National
Treasurer
that
the
revenue
collections
exceeded
the
revenue
(given
that
the
aim
is
to
boost
the
Philippine
economy).
Mali
lang
talaga
yung
targets
for
non-‐compliance
with
the
conditions
provided
in
the
relevant
General
konsepto
ng
DAP
Appropriations
Acts.
As
for
the
doctrine
of
operative
fact…
• A
legislative
or
executive
act
that
is
declared
void
for
being
unconstitutional
cannot
give
rise
to
any
right
or
obligation
o The
term
“executive
act”
is
broad
enough
to
encompass
decisions
of
admin
bodies
and
agencies
under
the
Exec
department
• However,
at
times,
rigidly
applying
the
rule
may
at
times
be
impracticable
and
wasteful
• It
is
applicable
in
this
case.
• Given
that
the
DAP
and
the
related
issuances
were
executive
acts,
the
consequences
resulting
from
them
could
not
be
ignored
or
could
no
longer
be
done
• As
already
mentioned,
the
implementation
of
the
DAP
resulted
into
the
use
of
savings
pooled
by
the
Executive
to
finance
the
PAPs
that
were
not
covered
in
the
GAA,
or
that
did
not
have
proper
appropriation
covers,
as
well
as
to
augment
items
pertaining
to
other
departments
of
the
Government
in
clear
violation
of
the
Constitution.
o To
declare
the
implementation
of
the
DAP
unconstitutional
without
recognizing
that
its
prior
implementation
constituted
an
operative
fact
that
produced
consequences
in
the
real
as
well
is
unfair
and
impractical
o Unless
the
doctrine
is
held
to
apply,
the
Executive
as
the
disburser
and
the
offices
under
it
and
elsewhere
as
the
recipients
could
be
required
to
undo
everything
that
they
had
implemented
in
good
faith
under
the
DAP.
o That
scenario
would
be
enormously
burdensome
for
the
Government.
Equity
alleviates
such
burden.
WHEREFORE,
the
Court
PARTIALLY
GRANTS
the
petitions
for
certiorari
and
prohibition;
and
DECLARES
the
following
acts
and
practices
under
the
Disbursement
Acceleration
Program,
National
Budget
Circular
No.
541
and
related
executive
issuances
UNCONSTITUTIONAL
for
being
in
violation
of
Section
25(5),
Article
VI
of
the
1987
Constitution
and
the
doctrine
of
separation
of
powers,
namely:
(a) The
withdrawal
of
unobligated
allotments
from
the
implementing
agencies,
and
the
declaration
of
the
withdrawn
unobligated
allotments
and
unreleased
appropriations
as
savings
prior
to
the
end
of
the
fiscal
year
and
without
complying
with
the
statutory
definition
of
savings
contained
in
the
General
Appropriations
Acts;
(b) The
cross-‐border
transfers
of
the
savings
of
the
Executive
to
augment
the
appropriations
of
other
offices
outside
the
Executive;
and