Lagutao, Phebe Mae N.

20 October 2021
JD IV
I.

A. On the issue of realignment of public funds, the contention of the Finance

Officer is correct. The Constitution clearly states that no money shall be paid
out of the Treasury except in pursuance of an appropriation made by law. In the
given facts, the 1.5Billion is appropriated for the purchase of medicines and
drugs intended for the cure of Covid-19. To use the funds for the overtime pay
and hazard pay of hospital staff and other personnel in the government
hospitals is contrary to the appropriation made by law. Hence, the finance
officer is correct.

B. Should the President need to appropriate available funds for the overtime pay
and hazard pay of hospital staff and other personnel in the government
hospitals, he is authorized by law to augment any item in the general
appropriations law for his office from savings in other items of his
appropriations. Provided that a special appropriation bill shall specify the
purpose for which it is intended and shall be supported by funds actually
available as certified by the National Treasurer. In effect, the order composed by
the Executive Secretary is insufficient and invalid. Hence, the finance officer is
correct as the act of the President and the DOH Executive Secretary does not
follow the procedure prescribed by the Constitution.

II.

A. The United States of America follows the concept of Jus Soli where all persons
born in the United States are citizens of the United States. On the other hand,
the Philippines follow the concept of Jus Sanguinis where a citizen of the
Philippines is one whose father or mother is a citizen of the Philippines. In the
given facts, Max was born in the United States. He’s mother is a Filipino citizen
while his father is a US citizen. Hence, he is a US citizen by birth and a Filipino
citizen by blood.

B. Yes. Since Max was born in the US by a Filipino mother, he is a US citizen by birth
and a Filipino citizen by blood. United States citizens who have dual citizenship
do not lose their United States citizenship unless they renounce it officially.

C. No. After the passing of Republic Act 9225, a natural born Filipino citizen who
became a citizen of another country need not renounce his other citizenship in
order to acquire Filipino citizenship.
Lagutao, Phebe Mae N. 20 October 2021
JD IV
III.

IV.

Mr. Proto's position is misplaced. Pursuant to Section 21 of Article VI of the

Constitution, the Senate or any of its Committees may conduct formal inquiries or
investigations in aid of legislation. In addition, the power of oversight has been held
to be intrinsic in the grant of legislative power itself and integral to the checks and
balances inherent in a democratic system of government. The power of oversight
embraces all activities undertaken by Congress to enhance its understanding of and
influence over the implementation of legislation it has enacted. The notice of the
Senate Blue Ribbon Committee requesting Mr. Proto to appear before them is valid.
Hence, the action filed by Mr. Proto must be dismissed.