1.

Constitutional limitations on appropriation measures (Section 25, Art 6)

a. Specify the public purpose
b. It must be supported by funds actually available as certified to by the
2. Constitutional limitations on general appropriation law
a. Art 6, sec 24 – shall originate exclusively in the house of representatives
b. Art 6, sec 25 par 1 – Congress may not increase appropriations recommended by the
President for the operation of the President
c. Art 6, sec 25 – no provisions or enactment shall be embraced in the general
appropriation bill unless it relates to some particular appropriation therein
d. Art 6, sec 25 – form and content and manner of reparation of budget shall be prescribed
by law
e. Art 6, sec 25, par 5 – prohibition against transfer of appropriations (doctrine of
augmentation), however, the president of the senate, speaker of the house and head of
constitutional commission may augment
GR 209287 – Araulo vs Aquino
SC tried to provide the requisite for a valid transfer of funds
1. There is a law authorizing transfer
2. The funds to be transferred are savings generated from provision
3. Purpose of transfer is to augment an item
4. Art 6 sec 25 par 6 – disbursed only for public purposes

Discretionary funds – funds appropriated by congress for certain activities of the government
(intelligence funds)

Automatic reappropriation (Art 6, sec 25 and sec 7) – happens if by the end of the fiscal year, congress
failed to pass the general appropriation bill

Legislative process –

What is the difference between a bill and a resolution?

Bill – draft of a law submitted by

Resolution – formal, employed with respect to matters, do not require the approval of president to be
effective

Steps for bill to become law

1. Approved by congress
2. Approved by the president
3. Becomes a law

Bill – three readings

How a bill passed becomes a law (sec 7, par 1):

1. When the president signs it
2. When the president vetoes it but receives two/third votes of each house
3. Within 30 days of being received by the president
Two kinds of presidential veto
1. General veto – veto entire bill, not allowed to veto separate item
2. Item veto – power of executive to veto separate items of the bill without vetoing entire bill
(appropriation, revenue and tariff bills – involves funds)

GR 103524 – particulars, the details, the distinct and severable parts of the bills
- When it comes to appropriation, revenue and tariff, the administration needs the money to run
the government, no funds to spend in delivery of services

GR 87636 – SC ruled that the constitution provide that only particular items can be vetoed

Doctrine of inappropriate provisions – constitutionally inappropriate for a single bill can be singled out
for veto

GR 113105 – Any provisions which does not relate to any particular item beyond an item of
appropriation is considered an inappropriate provision, also included are unconstitutional provisions and
provisions that amend other laws

GR 113105 – SC said that executive impoundment refers to the president’s refusal to spend budget

Pocket veto – vetoing by not acting on the time given by law

Legislative inquiries – implementation or reexamination of any law or appropriation for the formulation
of or in connection with future legislation

Power to conduct inquiries is inherent power of congress

Sec 21, Art 6 of the Constitution

GR L-3820 – the questions that may be raised in a legislative investigation not have to be relevant to
legislation

Contempt – disobedience, impair the respect due to such body, can be punished, congress can call you
in contempt (GR 155849)

Arnaut vs Nazareno – offender could be imprisoned indefinitely

Romero vs Estrada GR 174105 – SC said that senate as an institution is continuing and not dissolved as
an entity with each election however in the conduct of its day-to-day business, the senate of each
congress acts separately, thus all proceedings, are considered terminated upon expiration of each
congress

Sub judice – restricts any comment to avoid pre-judging the issue

GR 167173 – persons under legislative investigation are not being indebted but are merely summoned
as resource persons

“Investigation in Aid of Legislation”