271059/271347/E-02472/E-04036 Concurring and Dissenting Opinion: Justice Maria Filomena D. Singh — Official PDF

Concuning and Dissenting Opinion 9 G.R. Nos. 271347, 278353, E-02472 & E-04036 THE PRESIDENT: Is there any objection to this proposed amendment of Commissioner Natividad which has been accepted by the Committee? (Silence) The Chair hears none; the amendment is approved. 17 The most elucidating point in the deliberations caine after the approval of the amendment proposed by Commissioner Natividad. Commissioner Francisco "Soc" Rodrigo (Commissioner Rodrigo) raised the issue of whether Congress can •increase the appropriations for the constitutional commissions. Commissioner Davide answered, under the wording of the budget ceiling, that such cannot be done because what the President proposes to Congress in the Budget is the appropriations necessary "for the operation of the government" as a whole, which includes all component departments, agencies and instrumentalities. The deliberations show the following: MR. RODRIGO: I support fiscal autonomy for the courts and for the constitutional bodies so I voted in. favor. of fiscal autonomy, But my understanding of fiscal autonomy is fuat there is an automatic release of the funds but not insofar as the appropriation of the funds is concerned. I would like to ask the sponsor a question. It is true that the President recommends the line-item budget, but is it possible for the legislature to increase the appropriation for, let us say, the Commission on Elections or the Commission on Audit? MR. DAVIDE: Under the Natividad amendment, any appropriation embodied in the budget for the general operation of the government may not be increased by the Congress, which is a restriction also embodied in the 1935 Constitution. MR. RODRIGO: Is this only for the executive department? MR. DAVIDE: No, for the operation of the government. MR. RODRIGO: So the items are recommended by the President for the operation of the government. MR. DA VlD.E: Yes. for tlie operation of the government. This would refer, therefore, to the current operating expenditures of the government, if I am correct. MR. RODRIGO: It might not be increased. MR. DAVIDE: It cannot be increased. MR. RODRIGO: Can the items be changed without increasing the amount? Let us say, one item is divided into two or three or two items are merged by the Congress. 17 .II RECORD, CONSTITUTIONAL COMMISSION (July 23, l 986).