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Araullo v. Aquino, DAP Case

A. Factual Antecedents1. The DAP and its origins

a. Memoranda from the DBM Sec Abad tothe President

DAP had been existing since 2011.

Through the memoranda which specified the sources of fund for the DAP, the DBM issued NBC No. 541entitedAdoption of Operational Efficiency Measure Withdrawa

Unobligated Allotments as of June 30 !0"!# With the appro$al of the %resident &ec Abad was authori'ed to withdraw unobligated allotments of agencies that had low le$(hese unobligated allotments)

* +ontinuing allotment charged against the ,AA for -. !0""* +urrent allotment charged against the ,AA for -. !0"!

Accdng to DBM, DAP funds were sourced from !A"#$%!, coming from&

* 'nreeased appropriations (from unfied positions that apsed at the end of the )ear* and sow mo+ing proects and discontinued proects-* A+aiabe baances from competed or discontinued proects* ithdrawn unobigated aotments

Through a Memorandum, Ma) 20, 201/& DBM stated that DAP wi be used for the foowing purposes&* To augment priorit) proects* To Aid !pecia Purpose unds* To modify the original allotment due to priority projects and implementation of new activities (such as increasedecrease of appropriations-

B. Preliminary Matters1. Courts exanded o!er o" #udicial

$evie!%. Prima "acie sho!ing &xecutive's

grave a(use o" discretiona. Lack of audit findings doesnt negate grave

abuse of discretion). Tanscendental *mortance o" issues+. #usticia(ility and Political uestions-. Courts (oundary eeing role in

times o" olitical uheaval

A petition for certiorari and prohibition was fied to direct) in+oe the 3ourt4s power for 5udicia 6e+iew&1. Actua case or contro+ers) 7 +ioation of 3onstitution2. Must be raised b) the proper part) (ocus standi- 7 tax pa)ers in+o+ing pubic funds/. Must be raised at the eariest possibe opportunit)8. constitutiona issue must be the +er) is mota

1. 3ourt4s expanded power& to determine 9$ there has been a gra+e abuse of discretion amounting to ac or excess urisdiction of either :egisati+e or ;xecuti+e2. Prima facie case of abuse& ;xecuti+e committed gra+e abuse of discretion in the handing of pubic funds./. Transcendenta #mportance&< character of funds&billions of ta/ payers money< presence of a cear +ioation of the 3onstitution& transfer of appropriations with gra$e abuse of disc retion in $iolation of Art 12 &ec ! 45) Transfer of appropriatiorespective offices.* ocus standi&ta/ payers ha$e the direct and specific interest in the case8. 5usticiabiit)& issue is of a ega matter, not poitica or economic.=. 3ourt ser+es as the boundar) eeper when there is gra+e abuse of discretion among ;xec and :egis.

C. /u(stantive Matters 1.a- !eparation of Powers& The 3ongress is granted the power to APP69P6#AT;, whie the ;xecuti+e is granted the power to # MP:;M;$T the programs funded b) these appropr

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1. DAP violates the rinciles o" checs and(alances, and the searation o" o!ers

a. The principle of separation of powers and checks andbalances in the budgetar process

b. !ow DAP violates these principles

%. DAP violates the rohi(ition against thetrans"er o" aroriations

a. "eneral prohibition against the transfer ofappropriations

b. The need for actual Savings before augmenting ise#ercised

c. Savings cannot be used to fund programs and pro$ects

%&T appropriated b 'ongressd. Additional limitations imposed b 'ongress under "AAe. Sources of DAP funds cannot (ualif as savingsf. DAP violates the prohibition against )MP&*%DM+%Tg. ,ualifications to the President-s fle#ibilities in budget

e#ecutionh. DAP in funding items %&T found in the "AA violated

the 'onstitution). DAP violates secial conditions "or the release

o" the 0P$23$AMM&D F0D int he %411and %41% 3AAs

+. The D2CT$*& 2F 2P&$AT*5& FACT

3hecs and Baances& B'D%;T P693;!! 71. Budget preparation and proposa stage 7 the ;xecuti+e is gi+en the initiati+e

2. The executi+e submits to 3ongress (within /0 da)s from the start of a reguar session- the budget which wi ser+e as the basis for an APP69P6#AT#9$

proposa contains the appropriations 6;39MM;$D;D b) the President.-/. 3ongress has the authorit) to determine the countr)4s poic) and !P;$D#$% P6#96#T#;!. !ec 2> (1- Art "#& $o mone) sha be paid out of the Treasur),

of an APP69P6#AT#9$ MAD; B? :A.8. The President ma) exercise his +eto power o+er the Appropriation bi , which ma) be countered b) 3ongress b) a +ote of 2/ of a its members.

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