G.R. No. 113105 August 19 1994 [Article VI Section 25 - Appropriations]
FACTS:
Petitioners assailed the validity of RA 7663 or General Appropriations Act of 1994.
GAA contains a special provision that allows any members of the Congress the REalignment of Allocation for Operational Expenses, provided that the total of said allocation is not exceeded.
Philconsa claims that only the Senate President and the Speaker of the House of Representatives are the ones authorized under the Constitution to realign savings, not the individual members of Congress themselves.
President signed the law, but Vetoes certain provisions of the law and imposed certain provisional conditions: that the AFP Chief of Staff is authorized to use savings to augment the pension funds under the Retirement and Separation Benefits of the AFP.
ISSUE:
Whether or not RA 7663 is violative of Article VI, Section 25 (5) of 1987 Constitution.
RULING:
Yes. Only the Senate President and the Speaker of the House are allowed to approve the realignment.
Furthermore, two conditions must be met: 1) the funds to be realigned are actually savings, and 2) the transfer is for the purpose of augmenting the items of expenditures to which said transfer to be made.
As to the certain condition given to the AFP Chief of Staff, it is violative of of Sections 25(5) and 29(1) of the Article VI of the Constitution. The list of those who may be authorized to transfer funds is exclusive. the AFP Chief of Staff may not be given authority.
