Philippine Bar review · Question

Practice question: Power of Appropriation

Multiple Choice Hard

Practice question

A public official holds a discretionary appropriation. She proposes an undocumented payment for a purely personal family celebration and argues that the word “discretionary” exempts the fund from any public-purpose, voucher or statutory-guideline requirement. No other legal basis for the payment exists. Which conclusion follows Article VI, Section 25(6)?
  1. The label authorizes personal spending without records.
  2. The constitutional conditions still govern; the proposed personal and unsupported disbursement is not justified by discretion alone.
  3. Only an increase in the amount would create a constitutional issue.
  4. An official’s family event is conclusively public merely because the official attends.
  5. Appropriating the money automatically transfers its ownership to the official.

Legal references

  • 1987 Constitution, Article VI: https://lawphil.net/consti/cons1987.html

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