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Guingona vs. Carague

Guingona vs. Carague

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Published by: צ'יקי דומינגו on Jun 19, 2013
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08/05/2014

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G.R. No. 94571April 22, 1991TEOFISTO T. GUINGONA, JR. and AQUILINO Q. PIMENTEL, JR., petitioners,vs.HON. GUILLERMO CARAGUE, in his capacity as Secretary, Budget & Management,HON. ROZALINA S. CAJUCOM in her capacity as National Treasurer andCOMMISSION ON AUDIT, respondents.GANCAYCO, J.:pPetitioners question the constitutionality of the automatic appropriation for debt servicein the 1990 budget. This was authorized by P.D. No. 81, entitled "Amending CertainProvisions of Republic Act Numbered Four Thousand Eight Hundred Sixty, as Amended(Re: Foreign Borrowing Act)," by P.D. No. 1177, entitled "Revising the Budget Processin Order to Institutionalize the Budgetary Innovations of the New Society," and by P.D. No. 1967, entitled "An Act Strenghthening the Guarantee and Payment Positions of theRepublic of the Philippines on Its Contingent Liabilities Arising out of Relent andGuaranteed Loan by Appropriating Funds For The Purpose.Respondents contend that the petition involves a pure political question which is therepeal or amendment of said laws addressed to the judgment, wisdom and patriotism of the legislative body and not the Court.Issues:I.IS THE APPROPRIATION OF P86 BILLION IN THE P233 BILLION 1990BUDGET VIOLATIVE OF SECTION 5, ARTICLE XIV OF THE CONSTITUTION?II.ARE PD No. 81, PD No. 1177 AND PD No. 1967 STILL OPERATIVE UNDETHE CONSTITUTION?III.ARE THEY VIOLATIVE OF SECTION 29(l), ARTICLE VI OF THECONSTITUTION? 6
On the first issue.
The court held:While it is true that under Section 5(5), Article XIV of the Constitution Congress ismandated to "assign the highest budgetary priority to education" in order to "insure thatteaching will attract and retain its rightful share of the best available talents throughadequate remuneration and other means of job satisfaction and fulfillment,"
it does notthereby follow that the hands of Congress are so hamstrung as to deprive it thepower to respond to the imperatives of the national interest and for the attainmentof other state policies or objectives.
 
Congress is certainly not without any power, guided only by its good judgment, to provide an appropriation, that can reasonably service our enormous debt, the greater  portion of which was inherited from the previous administration. It is not only a matter of honor and to protect the credit standing of the country. More especially, the very survivalof our economy is at stake. Thus, if in the process Congress appropriated an amount for debt service bigger than the share allocated to education, the Court finds and so holds thatsaid appropriation cannot be thereby assailed as unconstitutional.
 Now to the second issue.
Petitioners argue that the said automatic appropriations under theaforesaid decrees of then President Marcos became functus oficiowhen he was ousted in February, 1986; that upon the expiration of theone-man legislature in the person of President Marcos, the legislative power was restored to Congress on February 2, 1987 when theConstitution was ratified by the people; that there is a need for a newlegislation by Congress providing for automatic appropriation, butCongress, up to the present, has not approved any such law; and thusthe said P86.8 Billion automatic appropriation in the 1990 budget is anadministrative act that rests on no law, and thus, it cannot be enforced.Held: The Court is not persuaded.Section 3, Article XVIII of the Constitution recognizes that "All existing laws, decrees,executive orders, proclamations, letters of instructions and other executive issuances notinconsistent with the Constitution shall remain operative until amended, repealed or revoked."Well-known is the rule that repeal or amendment by implication is frowned upon.Equally fundamental is the principle that construction of the Constitution and law isgenerally applied prospectively and not retrospectively unless it is so clearly stated.
On the third issue, that there is undue delegation of legislative power.
Held: The Court had this to say –– What cannot be delegated is the authority under the Constitution to make laws and toalter and repeal them; the test is the completeness of the statute in all its terms and provisions when it leaves the hands of the legislature. To determine whether or not thereis an undue delegation of legislative power, the inequity must be directed to the scope anddefiniteness of the measure enacted. The legislature does not abdicate its function when itdescribes what job must be done, who is to do it, and what is the scope of his authority.For a complex economy, that may indeed be the only way in which legislative processcan go forward . . .

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