Legislative Department

[Assignment for July 5, 2019]

(a) Read: Sections 24 to 32, Art. VI, 1987 Constitution (pp. 774-819, Bernas, 2009 ed.)
(b) Read: pages 80-99, Constitutional Law 1 Syllabus (4 JD ed.)
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(c) Selected Cases for Digests (due on July 5, 2019)

 Is a law required to adopt or implement the Disbursement Acceleration Program?
 Are unreleased appropriations and withdrawn unobligated allotments under the DAP
savings?
 Are cross border transfers, constitutionally permissible? Did the DAP violate the prohibition
against cross-border transfers?
 Was the sourcing of the DAP from unprogrammed funds despite the original revenue
targets not having been exceeded, valid?
Araulo vs. Aquino, G.R. No. 209287, July 1, 2014
 Is “savings”, as a concept, an ordinary species of interpretation that calls for legislative,
instead of judicial, determination?
 Can the power to augment be used to fund non-existent provisions in the GAA?
 Does the prohibition against cross-border transfer apply to appropriation and not to
savings?
 In an appropriation measure, is there is constitutional requirement for Congress to create
allotment classes within an item?
Araulo vs. Aquino, G.R. No. 209287, Feb. 03, 2015 [MR]
 Does R.A. No. 10354, “The Responsible Parenthood and Reproductive Health Act of
2012, violate Sec. 26(1), Article VI of the 1987 Constitution on the “one subject-one title”
rule?
Imbong vs. Ochoa, G.R. No. 204819, April 8, 2014
 Whether the imposition of excise tax on stemmed leaf tobacco under Section 141 of the 1986
Tax Code constitutes double taxation?
La Suerte Cigarette vs. CIR, G.R. No. 125346, Nov. 11, 2014
 Is the second paragraph of Section 14, RA 6770 insofar as it provides that no appeal or
application for remedy may be heard against the decision or findings of the Ombudsman
[except the Supreme Court] on pure questions of law, valid and constitutional?
Carpio-Morales vs. Binay, G.R. No. 217126-27, Nov. 10, 2015
 Whether or not the use of the appropriation under 2014 GAA for the implementation of
the MVPSP was constitutional or did it involve an unconstitutional transfer of funds?
Dela Cruz vs. Ochoa, G.R. No. 219683, Jan. 23, 2018
2017 BAR

Give the limitations on the power of the Congress to enact the General Appropriations Act? Explain
your answer.
2017 BAR

Under the enrolled bill doctrine, the signing of a bill by both the Speaker of the House of
Representatives and the President of the Senate and the certification by the secretaries of both
Houses of Congress that the bill was passed on a certain date are conclusive on the bill's due
enactment. Assuming there is a conflict between the enrolled bill and the legislative journal, to the
effect that the enrolled bill signed by the Senate President and eventually approved by the President
turned out to be different from what the Senate actually passed as reflected in the legislative journal.
(a) May the Senate President disregard the enrolled bill doctrine and consider his signature as
invalid and of no effect? Explain your answer.
(b) May the President thereafter withdraw his signature? Explain your answer.
2017 BAR

Sec. 26(2), Art. VI of the Constitution provides that no bill passed by either House of Congress shall
become a law unless it has passed three readings on separate days and printed copies of it in its
final form have been distributed to the Members of the House three days before its passage. Is
there an exception to the provision? Explain your answer.
2018 BAR

What and whose vote is required for the following acts:

 the repeal of a tax exemption law;
 a declaration of the existence of a state of war;
2018 BAR

Ascertain the constitutionality of the following acts:

 A law prohibiting any appeal from the decision or final order of the Ombudsman in an
administrative proceeding, except through a petition for review on certiorari filed before the
Supreme Court.

(d) Prepare for a short quiz.