DEMETRIA V ALBA

Lazy Legal Bones Will Digest

G.R. No. 71977 | February 27, 1987 | J. Fernan

Facts:

Petitioners assail the constitutionality of the first paragraph of Sec 44 of PD 1177 (Budget Reform Decree of 1977)—as concerned citizens, members of the National Assembly, parties with general interest common to all people of the Philippines, and as taxpayers—on the primary grounds that Section 44 infringes upon the fundamental law by authorizing illegal transfer of public moneys, amounting to undue delegation of legislative powers and allowing the President to override the safeguards prescribed for approving appropriations.

The Solicitor General, for the public respondents, questioned the legal standing of the petitioners and held that one branch of the government cannot be enjoined by another, coordinate branch in its performance of duties within its sphere of responsibility. It also alleged that the petition has become moot and academic after the abrogation of Sec 16(5), Article VIII of the 1973…

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