Article VI: The Legislative Department

Section 29. Fiscal Powers of Congress; Limitations; Special Funds

Pascual v. Secretary of Public Works, 110 PHIL. 331, 1960-61

FACTS:
RA 920 was passed. This law appropriated P85,000.00 for the construction,
reconstruction, repair, extension and improvement Pasig feeder road terminals
Pascual, then governor of Rizal, assailed the validity of the law. He claimed that the
appropriation was actually going to be used for private use, for the terminals sought to be
improved were part of a private subdivision.
o The said subdivision is owned by Senator Jose Zulueta who was a member of the
same Senate that passed and approved the same RA.
Pascual prayed that the Secretary of Public Works and Communications be restrained
from releasing funds for such purpose.
Zulueta, on the other hand, donated the said property to the City of Pasig.
ISSUE:
Whether the appropriation is valid
RULING:
NO, because it is not for a public purpose. The subsequent donation of the road did not
validate the law because the validity of a statute depends upon the powers of Congress at
the time of its approval, and not upon events occurring or acts performed subsequently.
The test of the constitutionality of a statute requiring the use of public funds is whether
the statute is designed to promote the public interest, as opposed to the furtherance of the
advantage of individuals, although each advantage to individuals might incidentally serve
the public.