Practice question
An executive office has genuine savings and another executive item has a deficiency. The President orders augmentation based solely on those facts, while conceding that no law authorizes the President to augment. No other authority is identified. Which is the decisive constitutional problem?
- Actual savings eliminate the need for authority.
- Any public purpose automatically authorizes transfer.
- A deficiency alone gives unlimited transfer power.
- Article VI, Section 25(5) contemplates authorization by law; savings and deficiency alone do not supply it.
- Only the names of the departments matter.
Legal references
- 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article VI, Section 25(5).
- Araullo v. Aquino III, G.R. No. 209287 et al., July 1, 2014, main decision: https://lawphil.net/judjuris/juri2014/jul2014/gr_209287_2014.html
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