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MARIA CAROLINA ARAULLO said funds will then be

V BENIGNO AQUINO III reallotted to other


priority projects.
FACTS: 8. Other sources of DAP
1. When President includes
Benigno Aquino III unprogrammed funds
took office, his of the GAA. These are
administration noticed standby appropriations
the sluggish growth of made by Congress in
the economy. the GAA
2. The World Bank 9. The DAP did work to
suggested that the stimulate the economy
economy needed a as economic growth
stimulus plan was in fact reported
3. Then, his Budget and such portion of
Secretary Butch Abad growth was attributed
came up with a to DAP.
program called 10. Then, On
Disbursement Septemer 2013,
Acceleration Program Senator Jinggoy
or DAP. Estrada on his privilege
4. DAP is aimed to speed speech revealed that
up the funding of the Senators received
government projects. an additional 50M from
5. And aims to realign the President as an
funds from slow moving incentive for voting in
projects to priority favor of the
projects instead of impeachment of then
waiting for next years CJ Renato Corona.
appropriation. 11. Abad then claimed
6. So basically, what that the money was
happens under the DAP taken from DAP upon
was that if a certain request of the Senators.
government project is 12. Then it was found
being undertaken out that the DAP does
slowly by a certain not only realign funds
executive agency, the within the executive. It
funs allotted for the turns out that some
project will be non-Executive project
withdrawn by the were funded (Cordillera
Executive. Peoples Liberation
7. Once withdrawn, these Army, Moro National
funds will now be Liberation Front,
considered as savings Quezon Province, and
by the Executive and
the money given to the CONSTITUTION
Senators) WHICH STATES
13. Herein petitioner THAT NO MONEY
then Chairperson of the SHALL BE PAID OUT
Bagong Alyansang OF THE TREASURY
Makabayan and several EXCEPT IN
other concerned citizen PURSUANCE OF AN
filed various petitions APPROPRIATION
with the SC questioning MADE BY LAW
the validity of DAP.
14. They contend that Held: The Supreme
DAP is Court ruled that the
unconstitutuional DAP did not violate
because it violates the Sec 29(1) Article VI
constitutional rule that of the Constitution.
NO MONEY SHALL BE SC reiterated that
PAID OUT OF THE DAP is not a fund
TREASURY EXCEPT IN nor an
PURSUANCE OF AN appropriation. IT
APPROPRIATION WAS AN EXECUTIVE
MADE BY LAW. PROGRAM FOR
15. Secretary Abad PRIORITIZING
then argues that the GOVERNMENT
DAP is based on certain SPENDING. In DAP
laws particularly the no additional funds
GAA(savigs and were withdrawn from
augmentations the Treasury.
provisions), Sec 25(5) Existing funds
Article VI of the already appropriated
Constituion (power of from the GAA were
the President to merely being
augment) and Sec. 38 realigned by DAP
and 49 of Executive II. WHETHER OR NOT THE
Order (power of the DAP REALIGNMENTS CAN
Presidet to suspend BE CONSIDEED AS
expenditures and IMPOUNDMENTS BY THE
authority to use EXECUTIVE
savings) Held: SC held that
there were no impoundments
ISSUE: made by the President.
Impoundment refers to the
I. WHETHER OR NOT Presidents power to refuse
DAP VIOLATES SEC to spend appropriations or to
29(1), ARTICLE VI retain or deduct
OF THE appropriation for whatever
reason. Impoundment is under
prohibited by the GAA unless Section
there will be an 25(5), Article
unmanageable budget VI of 1987
deficit( which did not Constitution.
happen). In the case at bar, Hence, no
there is no impoundment cross border
since the only thing that is transfers
involved in DAP was the should be
transfer of funds. allowed.
Under the
III. WHETHWER OR DAP, this was
NOT FUND violated
TRANSFERS OR because
REALIGNMENG OF funds
DAP ARE appropriated
CONSTITUTIONAL by the GAA
Held: for the
The Court executive
ruled that were being
the fund transferred
transfers to the
were Legislative
unconstituti and other
onal. While non-
it is true that Executive
the agencies.
President In addition
and heads of while some
government projects
branches are under DAP
allowed by were within
the the
Constitution Executive,
to make these
realignment projects are
of funds, non existent
such insofar GAA
realignment is concerned
are only because no
limited to be funds were
made within appropriated
their in them in
respective the GAA
offices hence, such
project were at the end of
unconstituti fiscal year.
onal and has But under
no basis. DAP, funds
On the issue were already
regarding being
what are withdrawn
savings, the from certain
Court ruled brojects in
that DAP the middle of
transfers are the year and
not savings declared as
contrary to savings by
what was the DBM
being IV. WHETHER OR NOT
declared by SOURCING OF
the UNPROGRAMMED
Executive. FUNDS TO THE DAP
The GAA IS
does not CONSTITUTIONAL
refer to Held: The Supreme
savings as Court ruled that
fund from a Unprogrammed
slow moving Funds from the
project. It GAAA cant be used
refers when as money source for
there are DAP because under
excess in the law, such funds
funding of a may only be used if
certain there is a
project that certification made by
was the National
completed or Treasurer to the
discontinued extent that revenue
. The collections have
statutory exceeded the
definition of revenue targets. In
savings are the case at bar, no
not complied certification was
with by the secured before the
DAP. In unprogrammed
addition, funds were used.
savings V. WHETHER OR NOT
should only THE DOCTRINE OF
be declared
OPERATIVE FACT IS economy. And,
APPLICABLE reversing all the
Held: The Doctrine actions from DAP
of Fact recognizes can do more harm
the legal effect of an than good. The
act prior to it being effects of DAP can no
declared as longer be undone.
unconstitutional by The beneficiaries
the Supreme Court. cannot be asked to
In the case at bar it return what they
is applicable. It was received when they
held by the Supreme relied on the validity
Court that the DAP of DAP.
definitely helped
stimulate the