Republic of the Philippines.doc222

8/13/2019 Republic of the Philippines.doc222

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REPUBLIC OF THE PHILIPPINES

SUPREME COURT

Manila, Philippines

RENZ HOMER S. ARREOLA and

ROSEANNE D. DE JESUS,

Petitioners,

-- versus --

HON. FLORENCIO BARSANA ABAD, Secretary,

Department of Budget and Management.

Respondent.

x---------------------------------------------------------x

PETITION FOR CERTIORARI

Petitioners to this most Honorable Supreme Court respectfull state!

Prefatory Statement

"#nder the Consitution, the main function of the $xecutive is to

enforce la%s b Congress. &he former ma not interfere in the

performance of the legislative po%ers of the latter except in theexercise of the veto po%er. He ma not defeat legislative

enactments b indirectl repealing the same through an executive

agreement providing for the performance of the ver act prohibitedb such la%s.' (Gonzales v. Hechanova, ) SC*+ /


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0. &his petition assails %hat the Department of Budget and Management,

its functionaries, agents, as %ell as its instrumentalities have drafted

and %hat the $xecutive branch, through President Benigno +1uino

222, has enforce3implemented. &he petitioners humbl re1uest that this

court and respectfull pra that its Honorable Members, acting

collectivel as the bod obligated to uphold the supremac of the

Constitution, exercise its constitutional dut to chec4 or "determine

%hether or not there has been a grave abuse of discretion amounting

to lac4 or excess of 5urisdiction on the part of an branch or

instrumentalit of the government' (Constitution, +rt. 6222, Sec. 0/

%hich in this case are the Department of Budget and Management as

%ell as the $xecutive branch.

. &his case is an ideal situation %herein this Honorable Court maresolve serious constitutional 1uestions or issues arising from 7ational

Budget Circular 890 issued b the Department of Budget and

Management. 2t represents unprecedented challenge as it circumvents

the Congress: po%er of the purse and allo%s the President to re-align

funds disregarding %hat has been laid do%n b the la% of the land.

. &his Honorable Court should grant a %rit of certiorari because the

assailed circular not onl epitomi;es the grave transgression of

encroachment of one ma5or branch of the government upon another,but it also circumvents and therefore violates provisions of the 0)


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ACCELERATIN !RGRAM "DA!#+AA #7D$*

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Nat!re of t%e Pet#t#on

&his is an original petition for certiorari filed as a special civil action

under *ule F8 of the *ules of Court of the Philippines %ith the praer for

certiorari to declare unconstitutional Nat$onal B%&'et C$rc%lar ()*

other%ise 4no%n as D$s+%rseent Accelerat$on !ro'ra "DA!#. &his

petition is brought pursuant to Sec. 0, +rticle 6222 of the 0)


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certiorari as students of la% and more importantl, as citi;ens of the

*epublic of the Philippines.

&he respondent is HON. FLORENCIO BARSANA ABAD in his

capacit as Secretar of the Department of Budget and Management. He

ma be served summons and processes at his respective office in

Malacanang, Cit of Manila. He is sued in his official capacit having

charge of the administration and enforcement of the Nat$onal B%&'et

C$rc%lar ()* other%ise 4no%n as D$s+%rseent Accelerat$on !ro'ra

"DA!#.

Rea"on" for (rant#n' t%e Pet#t#on

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>6$*7M$7& B*+7CH.

Fa&t" of t%e Ca"e

0. >n the 0


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2n the event that a measure is necessar to further

improve the operational efficienc of the government, the

President is authori;ed to suspend or stop further use of

funds allotted for an agenc or expenditure authori;ed

in the eneral +ppropriations +ct. @ithdra%al and

pooling of unutili;ed allotment releases can be effected

b DBM based on authorit of the President, as

mandated under Section < and ), Chapter 8, Boo4 62

of $> ).

2n line %ith this, the President, per directive date Iune =,

0 authori;ed the %ithdra%al of unobligated

allotments of agencies %ith lo% levels of obligations as

of Iune , 0, both for continuing and current

allotments. &his measure %ill allo% the maximumutili;ation of available allotments to fund and underta4e

other priorit expenditures of the national government.

8.=. &he %ithdra%n allotments ma be!

8.=.0. *eissued for the original program and pro5ects

of the agencies3>#s concerned, from %hich

the allotments %ere %ithdra%n

8.=. *ealigned to cover funding for other existing

programs and pro5ects of the agenc3># or

8.=. #sed to augment existing programs and

pro5ects of an agenc and to fund priorit

programs and pro5ects not considered in the

0 budget but expected to be started or

implemented during the current ear.

Ar'!ment"

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62>A+&$ B+S2C P*27C2PA$S > &H$ C>7S&2&2>7. 2& C+77>&

B$ #AA 2MPA$M$7&$D @2&H>#& $?C$$D27 +7D

&H$*$>*$ 62>A+&27 B>#7D+*2$S S$& >*&H >*

$S&+BA2SH$D B &H$ C>7S&2&2>7 @2&H *$+*D &> &H$

*$SP$C&26$ P>@$*S > $+CH >6$*7M$7& B*+7CH.


6/9

&he said polic mandates that regardless of the allotment of funds

made b the Congress for certain pro5ects as established in the eneral

+ppropriations +ct (++/ for the 0 iscal ear, the President ma

%ithdra% such appropriations if it has remained unobligated b the thof

Iune 0. Such funds %ill be %ithdra%n, re-aligned, and pooled as the

Disbursement +cceleration Program. &hese unobligated funds are then

considered as savings %hich %ould 5ustif its re-alignment to other programs

or pro5ects.

@hen the Aegislative branch allots funds, i.e. the eneral

+ppropriations +ct, for a certain fiscal ear, it intends that such

appropriations are and %ill be available for spending in a budgetar item for

the entire ear. &he President cannot %ithdra% funds allotted b the

Congress for budgetar items in the middle of the fiscal ear. urthermore,Section ) of +rticle 62 of the Philippine Constitution provides that "no

mone shall be paid out of the &reasur except in pursuance of an

appropriation made b la%'. 2t is apparent in this provision that there cannot

be an allotment of funds unless it is declared in a la%. Clearl, a circular

issued b the Department of Budget and Management cannot be considered

as a la% and it cannot, therefore, circumvent %hat the Congress has enacted

J the eneral +ppropriations +ct.

B implementing this polic or program JD$s+%rseent Accelerat$on

!ro'ra "DA!# J the President ultimatel circumvents the legislative

branch and violates the Constitution as the Congress has the po%er of the

purse because an appropriation of funds must first have latter:s approval.

Section 89 of *epublic +ct 0088 (0 ++/ provides!

Se&. )*. Mean#n' of Sa+#n'" an$ A!'mentat#on. Savings refer toportions or balances of an programmed appropriation in this +ct

free from an obligation or encumbrance %hich are! (i/ still

available after the completion or final discontinuance orabandonment of the %or4, activit or purpose for %hich the

appropriation is authori;ed (ii/ from appropriations balances

arising from unpaid compensation and related costs pertaining tovacant positions and leaves of absence %ithout pa and (iii/ from

appropriations balances reali;ed from the implementation of

measures resulting in improved sstems and efficiencies and thus


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enabled agencies to meet and deliver the re1uired or planned

targets, programs and services approved in this +ct at a lesser cost.

&he funds %ithdra%n, re-aligned, and pooled for the Disbursement

+cceleration Program (D+P/ is not onl unconstitutional because

appropriations cannot be ta4ing %ithin or in the middle of the fiscal ear, butit is also unconstitutional because such %ithdra%n funds do not fall under

the categor of savings as defined b the la%. Savings refer to %hich are

"still available after the completion or final discontinuance or abandonment

of the %or4, activit or purpose for %hich the appropriation is authori;ed'.

+s the DBM and the President have stated that appropriations allotted for

budgetar items in the eneral +ppropriations +ct %hich remain

unobligated b the thof Iune 0 %ill be considered as savings and %ill

thus be %ithdra%n, it can be said that the programs or pro5ects from %hich

the funds %ere ta4en for D+P cannot be deemed as completed.

Section 8(8/, +rticle 62 of the Philippine Constitution

provides!

8. 7o la% shall be passed authori;ing an transfer of

appropriations ho%ever, the President, the President of the Senate,the Spea4er of the House of *epresentatives, the Chief Iustice of

the Supreme Court, and the heads of Constitutional Commissions

ma, b la%, be authori;ed to augment an item in the general

appropriations la% for their respective offices from savings in

other items of their respective appropriations.

&he constitution provides that in order for a re-alignment of funds to

be valid, a la% must mandate it. urthermore, the la% provides that

augmentation and re-alignment of funds to programs or pro5ects not

approved3authori;ed b the Congress or in other %ords, not included in the

eneral +ppropriations +ct is deemed to be invalid. &his is further

reiterated in Section 89 of *epublic +ct 0088 (0 ++/ %herein

augmentation is defined as!

"the existence in this +ct of a program, activit, or pro5ect %ith anappropriation, %hich upon implementation or subse1uent

evaluation of needed resources, is determined to be deficient. 2n no

case shall a non-existent program, activit, or pro5ect, be funded b

augmentation from savings or b the use of appropriationsother%ise authori;ed in this +ct.'


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(ro!n$" for t%e I""!an&e of a Temorary Re"tra#n#n'

Or$er-Pre#m#nary In/!n&t#on

#nder *ule 8< section paragraph (b/ of *ules of Court, "+ preliminarin5unction ma be granted %hen it is established!

&hat the commission, continuance or non-performance of the act or acts

complained of during the litigation %ould probabl %or4 in5ustice to the

applicant.'

&herefore, respondent must be en5oined from implementing D+P for public

interest and its further implementation %ill result to in5ustice for it

circumvents the fundamental la% of the land, %hich %e ought to follo%. &o

uphold other%ise %ill be absurd and repugnant in our sense of 5ustice.

Prayer

0HEREFORE, the petitioners respectfull pra that this Honorable

Court issue a decision!

0. declaring unconstitutional and therefore null and void the

7+&2>7+A B#D$& C2*C#A+* 890 or the D$s+%rseent

Accelerat$on !ro'ra "DA!#-

. commanding that the respondent, its functionalities, agents, and

instrumentalities cease from implementing the assailed polic

. that pending the resolution of the case, the Honorable Court issue a

&emporar *estraining >rder or a @rit of Preliminar 2n5unctionprohibiting the respondents from implementing said polic.

Petitioners pra for other relief as this Honorable Supreme Court ma

find 5ust and proper.


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Muntinlupa Cit, 08 7ovember 0.

By1

RENZ HOMER S. ARREOLAltransKren;Lahoo.com

Mobile 7o.! )890)FF

Student no! 09

ROSEANNE D. DE JESUSroseanne.de5esusLgmail.com

Mobile 7o.! )0899

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