271059/271347/E-02472/E-04036  Separate Concurring Opinion: Justice Japar B. Dimaampao — Official PDF

· Separate Concurring Opinion 3· G.R. Nos. 271059, 271347, E-02472, and E-04036 I could not agree more. In fact, I proffer the postulation that the evaluation of whether the President's certification is justified falls within the province of Congress, as the branch which must naturally respond to the certification. During the oral arguments of the case, my questions intended to highlight the reality that a constitutional challenge involving presidential certification is inextricably intertwined with congressional action- ASSOCIATE JUSTICE DIMAAMPAO: Good afternoon. On page 16 of your petition, you claim that House Bill 8980, the precursor to the 2024 General Appropriations Act, violated Article 6, Section 26 of the Constitution, requiring three readings on three separate days in the absence of public emergency or calamity. Is that correct? ATTY. SALENGA: Correct, Your Honor. ASSOCIATE JUSTICE DIMAAMPAO: Upon this point, are you asking this Court a factual determination m a proceeding at the first instance? ATTY. SALENGA: Your Honor, as to the factual determination, Your Honor, we've asked this Honorable Court in our petition to treat it as a judicial notice, Your Honor. No need for factual determination, only as stated by our rules, Your Honor. Just look upon it as the processes of the Executive and the Legislative in its ordinary course, Your Honor. ASSOCIATE JUSTICE DIMAAMP AO: Assuming for the sake of argument that there was indeed no public emergency or calamity, despite the fact that the President certifies its urgency, what ..would be the consequence of the same? 'ATTY. SALENGA: Your Honor, because the budget, it is deliberated, Your Honor. Now, if it is ..... (interrupted) ASSOCIATE JUSTICE DIMAAMPAO: Would the ensuing GAA be declared void or unconstitutional? Or could the Court direct the House to conduct three readings on three separate days just to comply with the constitutional requirement enshrined in Article 6, Section 26 of the Constitution? ATTY. SALENGA: Your Honor, subject to the operative fact doctrine, but according to the Constitution, it's clear, Your Honor, as to the calamity and emergency, Your Honor, required by the provision. Now, Your Honor, because if there's no deliberation, Your Honor, for these types of laws, Your Honor, then ..•.• (interrupted)