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271059/271347/E-02472/E-04036 Representative Edcel C. Lagman, substituted by Albay First District Representative Krisel B. Lagman, et al. Vs. The Congress of the Philippines, et al./Aquilino “Koko” Pimentel III and Pantaleo “Bebot” Alvarez Vs. Lucas P. Bersamin, in his capacity as executive secretary, and Amenah F. Pangandaman, in her capacity as secretary of the Department of Budget and Management/Filipinos for Peace, Justice and Progress Movement, Inc. (FPJPM), represented by its president and chairperson, Joseph F. Cadsawan, and Gloria T. Puzon, chapter Officer Vs. The House of Representatives, et al./Edgar R. Erice and Leila De Lima Vs. The Senate of the Philippines, et al. — Official PDF
271059/271347/E-02472/E-04036 — Promulgated October 7, 2026 · 2026 · Supreme Court 2026 / Decision or signed resolution
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DIGITAL P. 107 / 121
Decision 107 G.R. Nos. 271059, 271347, E-02472 and
E-04036
The Secretary ofDPWH, through a Department Order, shall provide
the necessary guidelines for vetting and evaluation process of projects,
consistent with R.A. 11239 and these implementing rules and regulations.453
(Emphasis supplied)
From these, it is clear that: (1) the appropriation for the construction,
upgrading, repair, and rehabilitation of roads, bridges, and road drainage shall
be included in the annual GAA; and (2) the SAGF constituted as the Special
Road Fund shall be used exclusively to fund the construction, upgrading,
repair, and rehabilitation of roads, bridges, and road drainage.
_Further, as a spE,cial appropriation intended.for a specific purpose, both
the Executive and Legislative branches must comply with the requirements of
Republic Act No. 8794, as amended, consistent with Article VI, Section 29 of
the Constitution:
SECTION 29. (I) No money shall be paid out of the Treasury except in
pursuance of an appropriation made by law.
(2) No public money or property shall be appropriated, applied, paid, or
employed, directly or indirectly, for the use, benefit, or support of any sect, •
church, denomination, sectarian institution, or system of religion, or of any
priest, preacher, minister, or other religious teacher, or dignitary as such,
except when such priest, preacher, minister, or dignitary is assigned to the
armed forces, or to any penal institution, or government orphanage or
leprosari um.
(3) All money collected on any tax levied.for a special purpose shall be
treated as a special fand and paid out for such purpose only. !/the purpose
fhr which a special.fund was created has been fulfilled or abandoned, the
• balance, if any, shall be tran.~ferred to •the • general funds of the
Government. 454 (Emphasis supplied)
Based on the BESF, the revenue for Motor Vehicle User's Charge Tax
collections is PHP 26,290,593,000.00. However, the amount allocated to the
Special Road Fund under the DPWH in the 2025 NEP is PHP
l 6,755,935,000.00.455
Upon approval of the GAA, the Special Road Fund exceeded the
amount in the 2025 NEP by PHP 17,992,085,000.00, bringing the total to PHP
34,748,020,000.00.456 The increase is almost double the proposed amount in
the president's Budget.
• ➔53 JrhJ)lernenting Rules and Regu'Jations of Republic Act No. I"l239'.'(201'9), sec'. 3.
454 CONST., art. VI, sec. 29.
455 2025 NEP, Volume I, XXL DPWH, Special Provision, no. 12, p. 687.
456 2025 GAA, Volume 1-C, p. 480.
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