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 It funs allotted for the turns out that some project will be non-Executive project withdrawn by the were funded (Cordillera Executive.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 Once withdrawn, these Army, Moro National funds will now be Liberation Front, considered as savings Quezon Province, and by the Executive and the money given to the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
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