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271059/271347/E-02472/E-04036 Concurring and Dissenting Opinion: Justice Jhosep Y. Lopez — Official PDF
271059/271347/E-02472/E-04036 — Promulgated October 7, 2026 · 2026 · Supreme Court 2026 / Separate opinion
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DIGITAL P. 23 / 36
Concurring and Dissenting Opinion 23 O.R. Nos. 271059, 271347,
E-02472 & E-04036.
be proposed, unless the amount thereof is covered by the ordinary income,
and, likewise, no appropriation for any eJ,_ctraordinary expenditure, the
amount of which is not covered by the estimated income from the existing
sources ofrevenues or available curr1;nt surplus, may be proposed, unless it
be supported by a proposal creating an additiona' source of fund sufficient
to cover the same. (Emphasis supplied)
As to the form, under Commonwealth Act No. 246, the budget must be
comprised of the receipts accn1ing to the general fund and all classes of special
and trust funds under the care and control of the different branches or offices
of the National Government, and the expenditures, which shall be shown in
detail, and segregated into ordinary and extraordinary income and
expenditures.92
Commonwealth Act No. 246 was subsequently revised by Republic Act
No. 992, or the Revised Budget Act, passed on June 4, 1954. Republic Act
No. 992 created the Budget Commission, which was tasked primarily to
prepare the budget and appropriation proposals in accordance with the policies
that the President may adopt.93 Meanwhile, it defined the "budget" as the
budget required by Article VI, Section 19(1) of the 1935 Constitution to be
submitted by the President to Congress.94 Unde; Republic Act No. 992, the
budget shall consist of two parts: (1) the current operating expenditures, and
(2) the capital outlays, with each part to comprise the general fund and all
, classes of special, operating trust funds, and bond funds under the care and
control of the different departments and agencies. So, too, the budget must
attach as appendices the proposed General Appropriation Act, the Public
Works Act, and other appropriation Acts to cover the budget proposals. In
addition, the budget shall contain:
(a) a budgetary message setting forth in brief the significance of the
appropriation proposed;
(b) a brief summary of the functions and activities of the government;
( c) summary financial statement setting forth
(1) the estimated expenditures and proposed appropriations and the
estimated receipts durir1g the ensuing fiscal year;
(2) the actual appropriations, expenditures, and receipts during the
last completed fisc~J year;
(3) the estimated expenditures and receipts and actual or proposed
apprnpriRtions during the fiscal year in progress;
(4) balanGed statements of the condition of the National Treasury
at the end of the ia,t completed _fiscal year, the estimated
92 Commonwealth Act No. 246 (1937), sec. 3
93 Republic Act No. 922 (1954), sec. 6(a).
94 Republic A.ct No. 922 (1954), sec. 3•,a).
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