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    60 Demetria vs. Alba

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    roigtc
    Demetrio Demetria filed a petition challenging the constitutionality of Section 44 of the Budget Reform Decree of 1977, which authorizes the President to transfer funds between departments. The Solicitor General argued the case was moot due to a change in the constitution. The Supreme Court granted the petition and declared the paragraph unconstitutional, stating that while the dispute disappeared, it still needed resolution to guide and restrain the government. The Court found the decree unduly extended privileges and disregarded standards in the constitution, amounting to an undue delegation of legislative powers beyond its intent.

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    60 Demetria vs. Alba

    Uploaded by

    roigtc
    25 views1 page
    Demetrio Demetria filed a petition challenging the constitutionality of Section 44 of the Budget Reform Decree of 1977, which authorizes the President to transfer funds between departments. The Solicitor General argued the case was moot due to a change in the constitution. The Supreme Court granted the petition and declared the paragraph unconstitutional, stating that while the dispute disappeared, it still needed resolution to guide and restrain the government. The Court found the decree unduly extended privileges and disregarded standards in the constitution, amounting to an undue delegation of legislative powers beyond its intent.

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    Demetrio Demetria filed a petition challenging the constitutionality of Section 44 of the Budget Reform Decree of 1977, which authorizes the President to transfer funds between departments. The Solicitor General argued the case was moot due to a change in the constitution. The Supreme Court granted the petition and declared the paragraph unconstitutional, stating that while the dispute disappeared, it still needed resolution to guide and restrain the government. The Court found the decree unduly extended privileges and disregarded standards in the constitution, amounting to an undue delegation of legislative powers beyond its intent.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    25 views1 page

    60 Demetria vs. Alba

    Uploaded by

    roigtc
    Demetrio Demetria filed a petition challenging the constitutionality of Section 44 of the Budget Reform Decree of 1977, which authorizes the President to transfer funds between departments. The Solicitor General argued the case was moot due to a change in the constitution. The Supreme Court granted the petition and declared the paragraph unconstitutional, stating that while the dispute disappeared, it still needed resolution to guide and restrain the government. The Court found the decree unduly extended privileges and disregarded standards in the constitution, amounting to an undue delegation of legislative powers beyond its intent.

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    © All Rights Reserved
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    of 1

    Facts: 

    Demetrio Demetria filed a petition for prohibition with prayer for a writ of preliminary
    injunction in the constitutionality of the first paragraph of Section 44 of Presidential Decree
    No. 1177, otherwise known as the “Budget Reform Decree of 1977.” The said PD authorizes
    the President to transfer any fund appropriated for different departments to any program,
    project or activity of any department. The Solicitor General filed a rejoinder with a motion to
    dismiss, stating that the nullity of Section 16 (5) Article VIII of the 1973 Constitution by the
    Freedom Constitution of March 25, 1986 has allegedly rendered the instant petition moot
    and academic.

    Issue: Whether or not Budget Reform Decree is constitutional.

    Decision: Instant petition is granted. Paragraph 1 of Section 44 of Presidential Decree No.


    1177 is declared null and void for being unconstitutional
    The Supreme Court is not only the highest arbiter of legal questions but also the conscience
    of the government. There are times when although the dispute has disappeared it still ought
    to be resolved. Justice demands that the Court act not only for the vindication of the one’s
    right but also for the guidance of and as a restraint upon the future.

    The prohibition to transfer an appropriation for one item to another was explicit and
    categorical under the 1973 Constitution. PD 1177 unduly over extends the privilege granted
    under said Section 16 (5) Article VIII.  It does not only completely disregard the standards
    set in the fundamental law, amounting to an undue delegation of legislative powers, but
    likewise goes beyond its tenor. Such constitutional infirmities render the provision in
    question null and void.

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