Gamboa, Joelyn Marie G.

August 18, 2014

JD 1-2

Atty. Solis

Dissenting Opinion:
In construing a doubtful or ambiguous statute, the Courts
shall presume that it was the intention of the legislature to
enact a valid, sensible, and just law.
The

list

of

interpretation

presumptions

in

includes

the

aid

of

construction

presumption

and

against

constitutionality, that of which explains that laws are

presumed constitutional. Justifying its nullification, there
should be a clear and unequivocal breach of the constitution.
That is according to the theory that, in consideration of the
joint powers of the legislative and executive in enacting a
law, it is presumed that it had undergone a strict and careful
study before being deemed constitutional and enacted as a
law.
The States principles are being pursuant to the nations
prosperity, to the protection of the life, liberty, and property
of its people, and to the promotion of their welfare. In this
view, Priority Development Assistance Fund (PDAF) has been

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consistent which is more than evident to oppose its

unconstitutionality.
The PDAF has, from the past up to now, been useful and
efficient in delivering social services for the beneficiaries, i.e.
scholars and financially-challenged patients.
A total of 809,372 indigent patients have already benefited
from the PDAF of 74 members of House of Representatives
in the 15th Congress (2010 to 2013) is an evidence of PDAF
being

efficiently

allocated

as

opposed

to

its

alleged

misspent.
The Commission on Audit (COA) may have presented
findings over the matters of the funds execution with
regards to the members of the Congress but it is not of
sufficient proof that PDAF should drastically be abolished not
considering all the benefits it brings, because before one rule
something as unconstitutional, yes, judges should not be
sympathetic or subjective per se or should not regard the
consequences of their actions but just apply the law as it
should be. The evidences do not call for immediate abolition,
but for possible and more helpful reforms. Problems may
arise which may call for surrender but on the other hand,
may call for constructive change, effective and positive

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measures which can be done through rules and policy

actions.
The Congress has implemented a regime of constraints and
limitations on the PDAF through the checks and balances
and the separation of powers. The present state of the PDAF,
over the years, has become stricter on Congress and the
President.
President Benigno Aquino III had already acted for its
abolition and re-aligned it to next years several government
agencies. We should give them a chance to cleanse the
system themselves.
If we spearhead the change we are finding in the system,
then what reforms are we then expecting from them?
For the issue with regards to the unconstitutionality of the
phrase "for such other purposes as may be hereafter
directed by the President" under Section 8 of Presidential
Decree 910, it is not our sole duty which part of a law is to
be stricken down, the President and the Congress have
already decided for its enactment to begin with, but take
note that the Congress can always amend the controversial
provision if that is so.

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