7/24/2019 Araullo vs Executive Secretary Paquito N

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Araullo vs Executive Secretary

Facts:

On 25 September 2013, Senator Jinggoy Estrada delivered a privileged speech before the Senate,alleging that Senators had received an incentive !orth "50 million for voting in favor of the

impeachment of #hief J$stice %enato #& #orona& 'his sp$rred (epartment of )$dget

*anagement +()* Secretary -lorencio .bad /// to iss$e a statement that the f$nds released!ere part of the (isb$rsement .cceleration "rogram +(.", !hich !as designed by the ()* as

a stim$l$s pacage to increase government spending&

'he (." !as allegedly first evidenced by a memorand$m of Sec& .bad dated 12 October 2011,

asing for the "residents approval for the implementation of the (."& /t listed so$rces of f$nds

amo$nting to "2&11 billion, along !ith proposed priority proects to be f$nded& 'he billions of

pesos for (.", according to the ()*, !ere collected from the savings of the government and

its 4nprogrammed -$nds& 'he savings incl$ded+a 4nreleased appropriations for $nfilled positions !hich !ill lapse at the end of the

year6+b .vailable balances from completed or discontin$ed proects6

+c 4nreleased appropriations of slo! moving proects and discontin$ed proects6 and

+d 7ithdra!n $nobligated allotments !hich have earlier been released to 89.

.ll these events gave rise to :$estions on the legality of this move by the ()*& "etitions !ere

filed before the S$preme #o$rt challenging the constit$tionality of the (.", 8ational

)$dget #irc$lar +8)# 8o& 5;2, and related iss$ances of the (epartment of )$dget and*anagement +()* implementing the (."&

Issues:1& 7hether or not the (." violated the e:$al protection cla$se and the principle of separation

of po!ers2& 7hether or not the doctrine of operative fact sho$ld apply to proects f$nded by the (."

Held:1& 'he #o$rt r$led that the arg$ment that the (." !as $sed to discriminate against some

legislators lacs fact$al and legal basis& .lso, it pointed that it !as merely spec$lative to

concl$de that the (." effectively stayed the hands of legislators from cond$cting in:$ires onthe e