Philippine Bar review · Question

Practice question: Powers Relative to Appropriation Measures

Multiple Choice Hard Jurisprudence

Practice question

The executive has actual savings and statutory authority for augmentation of its own deficient items. A Senate office asks the President to use those savings to augment its appropriation. The President approves, citing the office's written consent and a useful public purpose. Under Araullo, what is the constitutional result?
  1. Consent makes the cross-border augmentation valid
  2. The transfer is valid whenever the recipient has any appropriation
  3. The President's own-department limitation bars this cross-border augmentation despite consent and purpose
  4. The transfer is valid if both offices use the same Treasury bank account
  5. The transfer is valid because all branches form one government

Legal references

  • 1987 Constitution, Article VI, Sections 25 and 29(1), and Article VII, Section 22, presidential budget and appropriation limits: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353
  • Araullo v. Aquino III, G.R. No. 209287 and consolidated cases, July 1, 2014, main decision, constitutional limits on augmentation: https://lawphil.net/judjuris/juri2014/jul2014/gr_209287_2014.html
  • Araullo v. Aquino III, G.R. No. 209287 and consolidated cases, February 3, 2015, main resolution, savings and prohibition of cross-border transfers: https://lawphil.net/judjuris/juri2015/feb2015/gr_209287_2015.html

Answer this question in flashcards to review your response and continue practicing.