Araullo v Aquino

G.R. No. 209287, July 1 2014

Bersamin, J:

Facts: A revelation by Sen. Jinggoy Ejercito Estrada through a privilege speech made
on September 25, 2013 Senators, including himself, have been allotted an additional
P50 million pesos as incentive for voting in favor of the impeachment of then Chief
Justice Renato Corona. In response, Sec. Florencio Abad of the DBM issued a public
statement clarifying that the funds released were a part of a program developed by
the DBM called DAP. He explained that the funds for DAP were usually taken from (1)
unreleased appropriations under Personnel Services; (2) unprogrammed funds; (3)
carry-over appropriations unreleased from the previous year; (4) budgets for slow-
moving projects that have been realigned to support faster projects.

Issue:
1. Whether or not the DAP violates Sec. 29, Art. VI of the 1987 Constitution,
which provides: "No money shall be paid out of the Treasury except in
pursuance of an appropriation made by law.
2. Whether or not the DAP, NBC No. 541, and all other executive issuances
allegedly implementing the DAP violate Sec. 25(5), Art. VI of the 1987
Constitution
Held:
1. No. Sec. 29, Art. VI of the 1987 Constitution only applies to funds and
appropriations. The DAP, as it was posited by the OSG, is a government policy
used to stimulate the economy through accelerated spending; meaning it does
not need laws for its adoption and implementation.
2.