Torres Vs Limjap
Torres Vs Limjap
Torres Vs Limjap
unconstitutional
G.R. No. 208493 SJS filed a Petition for Prohibition seeking
that the "Pork Barrel System" be declared unconstitutional, and a
writ of prohibition be issued permanently
G.R. No. 208566 - Belgica, et al filed an Urgent Petition For
Certiorari and Prohibition With Prayer For The Immediate
Issuance of Temporary Restraining Order and/or Writ of
Preliminary Injunction seeking that the annual "Pork Barrel
System," presently embodied in the provisions of the GAA of
2013 which provided for the 2013 PDAF, and the Executives
lump-sum, discretionary funds, such as the Malampaya Funds
and the Presidential Social Fund, be declared unconstitutional
and null and void for being acts constituting grave abuse of
discretion. Also, they pray that the Court issue a TRO against
respondents
UDK-14951 A Petition filed seeking that the PDAF be
declared unconstitutional, and a cease and desist order be issued
restraining President Benigno Simeon S. Aquino III (President
Aquino) and Secretary Abad from releasing such funds to
Members of Congress
ISSUES: 1.
Whether or not the 2013 PDAF Article and all
other Congressional Pork Barrel Laws similar thereto are
unconstitutional considering that they violate the principles
of/constitutional provisions on (a) separation of powers; (b) nondelegability of legislative power; (c) checks and balances; (d)
accountability; (e) political dynasties; and (f) local autonomy.
2.
3.
4. HELD: Yes, the PDAF article is unconstitutional. The postenactment measures which govern the areas of project
identification, fund release and fund realignment are not related
to functions of congressional oversight and, hence, allow
legislators to intervene and/or assume duties that properly
belong to the sphere of budget execution. This violates the
principle of separation of powers. Congressrole must be
confined to mere oversight that must be confined to: (1)
scrutiny and (2) investigation and monitoring of the
implementation of laws. Any action or step beyond that will
undermine the separation of powers guaranteed by the
constitution.
Thus, the court declares the 2013 pdaf article as well as all other
provisions of law which similarly allow legislators to wield any
form of post-enactment authority in the implementation or
enforcement of the budget, unrelated to congressional oversight,
as violative of the separation of powers principle and thus
unconstitutional.
2.
Yes. Sec 8 of PD 910- the phrase and for such other
purposes as may be hereafter directed by the President
constitutes an undue delegation of legislative power insofar as it
does not lay down a sufficient standard to adequately determine
the limits of the Presidents authority with respect to the purpose
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