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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. 61 / 121
Decision 61 G.R. Nos. 271059, 271347, E-02472 and
E-04036'
the delegate to do when it reaches [them] except enforce it. Ifthere are gaps
• ' in the law that will prevent its enforcement unless: they 'are first filled, the
delegate will then have been given the opportunity to step in the shoes of
the legislature and exercise a discretion essentially legislative in order to
repair the omissions. This is invalid de!egation.285 (Emphasis supplied,
citations omitted)
"[T]he legislature may delegate to executive officers or bodies the
. power to determine certain facts or conditions, or the happening of 1
contingencies, on which the operation of a statute is, by its terms, made: to
depend, but the legislature must prescribe sufficient standards, policies[,] or
limitations on their authority."286
Consistent with the architecture of the Constitution, the aspects of the
power of the purse are distributed among Constitutional departments: the
Executive, i.e., the president, prepares the budget;287 the Legislature-that is
Congress, with the House acting first288-authorizes or appropriates;289 then
,the president spends or executes. The Legislature has no participation in the
post-enactment or execution stage.290 '
The basic provision-Article VI, Section 29 of the Constitution-i~ a
limit on the disbursing authority of the Executive department:
Article VI
SECTION 29. No money shall be paid out of the treasury except in
pursuance of an appropriation made by law.
On the other hand, Article VI, Sections 24 and 25 and Article VII,
Section 22 are explicit restrictions on Congress's power to appropriate monfy:
Article VI
SECTION '24. All appropnat10n, revenue cif tariff bills, bills
authorizing increase of the public debt, bills oflocal application, and private
"' /d. at 458-459.
286 Abukada Guro Party Ust v. Hon. Exec. Sec. Erm;ta, 506 Phil. I, 111 (2005) [Per J. Austria-Martillez,
En Banc].
237 CONST., mi. VII, sec. 22 states: ,
SECTION 22. The President shall submit to the Congress within thirty days from the opening of every
regular session, as the basis of the General Appropriations Bill, a budget of receipts and expenditures
and sources of financing, including receipts from existing and propo·sed revenue measures. •
288 CONST., art. VI, sec. 24 states:
SECTION 24. All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills
of local application, and private bills shall originate exclusively in the House of Representatives, but the
Senate may propose or concur with amendments. 1
239 CONST., art. VI, sec. 29. · _ . , · / SECTION 29. No money shall be paid out of the treasury except in pursuance ofan appropnat1on made
by law.
290 • Belgica v. Ochoa, 721 Phil. 416, 536-537 (2013) [Per J. Perlas-Bernabe, En Banc].
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