Wenceslao Pascual v. The Secretary of Public Works and Communications G.R. No. L-10405, Dec 29, 1960

CASE # 19 CONSTI ART.
6 LEGISLATIVE accepted by the then Executive Secretary; that being subject to an onerous condition, said
donation partook of the nature of a contract; that, such, said donation violated the provision
G.R. No. L-10405 December 29, 1960 of our fundamental law prohibiting members of Congress from being directly or indirectly
WENCESLAO PASCUAL, in his official capacity as Provincial Governor of financially interested in any contract with the Government, and, hence, is unconstitutional,
Rizal, petitioner-appellant, as well as null and void ab initio, for the construction of the projected feeder roads in
vs. question with public funds would greatly enhance or increase the value of the
THE SECRETARY OF PUBLIC WORKS AND COMMUNICATIONS, ET
aforementioned subdivision of respondent Zulueta, "aside from relieving him from the
AL., respondents-appellees.
burden of constructing his subdivision streets or roads at his own expense"; that the
FACTS: construction of said projected feeder roads was then being undertaken by the Bureau of
Public Highways; and that, unless restrained by the court, the respondents would continue
August 31, 1954, Petitioner Provincial Governor of Rizal, Wenceslao Pascual instituted this to execute, comply with, follow and implement the aforementioned illegal provision of law,
action for declaratory relief, with injunction, upon the ground that Republic Act No. 920, "to the irreparable damage, detriment and prejudice not only to the petitioner but to the
entitled "An Act Appropriating Funds for Public Works", approved on June 20, 1953, Filipino nation."
contained, in section 1-C (a) thereof, an item (43[h]) of P85,000.00 "for the construction,
reconstruction, repair, extension and improvement" of Pasig feeder road terminals ISSUE:
At the time of the passage and approval of said Act, the aforementioned feeder roads were WON the incidental gains by the public be considered “public purpose” for the reason of
"nothing but projected and planned subdivision roads, not yet constructed, within the justifying an expenditure of the government.
Antonio Subdivision .situated at Pasig, Rizal" which projected feeder roads "do not connect HELD:
any government property or any important premises to the main highway"were private
properties of respondent Jose C. Zulueta, who, at the time of the passage and approval of
said Act, was a member of the Senate of the Philippines; NO. It is a general rule that the legislature is without power to appropriate public revenue for
anything but a public purpose. . . . It is the essential character of the direct object of the
May, 1953, respondent Zulueta, addressed a letter to the Municipal Council of Pasig, Rizal, expenditure which must determine its validity as justifying a tax, and not the magnitude of
offering to donate said projected feeder roads to the municipality of Pasig, Rizal; that, on the interest to be affected nor the degree to which the general advantage of the community,
June 13, 1953, the offer was accepted by the council, subject to the condition "that the and thus the public welfare, may be ultimately benefited by their promotion. Incidental to the
public or to the state, which results from the promotion of private interest and the prosperity
donor would submit a plan of the said roads and agree to change the names of two of
of private enterprises or business, does not justify their aid by the use public money.
them"; that no deed of donation in favor of the municipality of Pasig was, however,
executed;
Explaining the reason underlying said rule, Corpus Juris Secundum states: Generally,
July 10, 1953, respondent Zulueta wrote another letter to said council, calling attention to under the express or implied provisions of the constitution, public funds may be used only
the approval of Republic Act. No. 920, and the sum of P85,000.00 appropriated therein for for public purpose. The right of the legislature to appropriate funds is correlative with its right
the construction of the projected feeder roads in question; that the municipal council of to tax, and, under constitutional provisions against taxation except for public purposes and
Pasig endorsed said letter of respondent Zulueta to the District Engineer of Rizal, who, up to prohibiting the collection of a tax for one purpose and the devotion thereof to another
the present "has not made any endorsement thereon" that inasmuch as the projected feeder purpose, no appropriation of state funds can be made for other than for a public purpose .
roads in question were private property at the time of the passage and approval of Republic
Act No. 920, the appropriation of P85,000.00 therein made, for the construction, The test of the constitutionality of a statute requiring the use of public funds is whether the
reconstruction, repair, extension and improvement of said projected feeder roads, was statute is designed to promote the public interest, as opposed to the furtherance of the
illegal and, therefore, void ab initio"; advantage of individuals, although each advantage to individuals might incidentally serve
the public.
The said appropriation of P85,000.00 was made by Congress because its members were
made to believe that the projected feeder roads in question were "public roads and not Hence, it is our considered opinion that the circumstances surrounding this case sufficiently
private streets of a private subdivision"'; that, "in order to give a semblance of legality, when justify petitioners action in contesting the appropriation and donation in question; that this
there is absolutely none, to the aforementioned appropriation", respondents Zulueta action should not have been dismissed by the lower court; and that the writ of preliminary
executed on December 12, 1953, while he was a member of the Senate of the Philippines, injunction should have been maintained.
an alleged deed of donation — copy of which is annexed to the petition — of the four (4)
parcels of land constituting said projected feeder roads, in favor of the Government of the
Republic of the Philippines; that said alleged deed of donation was, on the same date,

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CASE # 19 CONSTI ART.

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