Philippine Bar review · Question

Practice question: Power of Appropriation

Multiple Choice Hard

Practice question

A law authorizes the President to augment deficient items within the Executive from genuine savings. The Executive has such savings. Officials propose using them to establish a completely new nationwide program for which the GAA contains no appropriation item at all. They argue that possession of savings alone is enough. Which is the best assessment?
  1. It is valid because savings automatically create an appropriation item.
  2. It is valid whenever the new program has a public purpose.
  3. It is not valid augmentation because there is no existing appropriated item to augment.
  4. It is invalid only if the program is unpopular.
  5. It is valid because a budget circular has the same power as an appropriation law.

Legal references

  • 1987 Constitution, Article VI Section 25(5): https://lawphil.net/consti/cons1987.html
  • Araullo v. Aquino III, G.R. No. 209287 et al., February 3, 2015, main resolution, existing item and allotment classes: https://lawphil.net/judjuris/juri2015/feb2015/gr_209287_2015.html

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