Garcia Vs Matadocx

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Article VI: The Legislative Department

Section 25. Limits on Power to Appropriate


(par. 2) Garcia v. Mata, 65 !"A 5#$ (#%$5)
FACTS:
 The subject of RA 1!!" as e#presse$ in its tit%e" is restricte$ to &appropriatin' fun$s
for the operation of the 'o(ernment).
 *owe(er" para'raph 11 of RA 1!! pro(i$es: &After the appro(a% of this Act" an$
when there is no emer'enc+" no reser(e officer of the Arme$ Forces of the Phi%ippines
ma+ be ca%%e$ to a tour of acti(e $ut+ for more than two +ears $urin' an+ perio$ of fi(e
consecuti(e +ears)
o The petitioner ar'ues that his re(ersion to inacti(e status was in (io%ation of the
abo(e,-uote$ pro(ision
 Respon$ents conten$ that the sai$ pro(ision is unconstitutiona% as it was indeed a non-
appropriation item inserted in an appropriation measure in (io%ation of the constitutiona%
inhibition a'ainst ri$ers to the 'enera% appropriation act. /t was in$ee$ a new an$ comp
%ete%+ unre%ate$ pro(ision attache$ to the Appropriation Act.
/SS0:
 hether the sai$ pro(ision (io%ates the ru%e on
&ri$ers) R0L/34:
 S. The sai$ pro(ision has no re%e(ance or pertinence whatsoe(er to the bu$'et or
to an+ appropriation item containe$ therein since it refers to the fun$amenta%
'o(ernment
 po%ic+ matters of the ca%%in' to acti(e $ut+ an$ the re(ersion to inacti(e status of reser(e
officers in the AFP.
 /f a pro(ision in the bo$+ of the act is not fair%+ inc%u$e$ in this restricte$ subject" %i6e the
 pro(ision re%atin' to the po%ic+ matters of ca%%in' to acti(e $ut+ an$ re(ersion to inacti(e
$ut+ of reser(e officers of the AFP" such pro(ision is inoperati(e an$ of no effect.
/t confers no ri'ht an$ affor$s no protection.

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