Thursday, August 7, 2014

#PNoy in the application of the #DAP clearly violated the #Philippines Constitution!

Gina Lopez should go over the Preamble more closely; it speaks of the "common good" she is looking for:

"We, the sovereign Filipino people … in order to … establish a Government that shall … promote the COMMON GOOD … under the rule of law … do ordain and promulgate this Constitution."

Note that the 92-page DAP decision was principally about PNoy's violation of Section 25(5), Article VI of the 1987 Constitution –(

"WHEREFORE, the Court PARTIALLY GRANTS the petitions for certiorari and prohibition; and DECLARES the following acts and practices under the Disbursement Acceleration Program, National Budget Circular No. 541 and related executive issuances UNCONSTITUTIONAL for being in violation of Section 25(5), Article VI of the 1987 Constitution and the doctrine of separation of powers, namely …"

The violated provision, Sec. 25, Par. 5 of Art. VI (this is the Legislative, not the Executive, Department), provides that:

"No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations."

Those who opt to disagree with a decision handed down by the Supreme Court should be reminded of what Justice Robert H. Jackson opined in Brown v. Allen (1963)

"We are not final because we are infallible, but we are infallible only because we are final."

This is a GRP Featured Comment. Join the discussion!

No comments:

Post a Comment

Related Posts Plugin for WordPress, Blogger...