2014 (Political Law) Bar Exam Questions: Question 17

[Answer/discuss the question below. Or see 2014 bar exam Political Law Instructions; 2014 Political Law Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30; See also 2014 Bar Exam: Information, Discussions, Tips, Questions and Results]

XVII.

Towards the end of the year, the Commission on Audit (COA) sought the remainder of its appropriation from the Department of Budget and Management (DBM). However, the DBM refused because the COA had not yet submitted a report on the expenditures relative to the earlier amount released to it. And, pursuant to the “no report, no release” policy of the DBM, COA is not entitled to any further releases in the meantime. COA counters that such a policy contravenes the guaranty of fiscal autonomy granted by the Constitution. Is COA entitled to receive the rest of its appropriations even without complying with the DBM policy? (4%)

One comment

  1. Yes, COA is entitled to receive the restof its annual appropriations even against the “No report, No release Policy of the DBM.

    Held in the case of Civil Service Commission vs. DBM (July 22, 2005), the Supreme Court struck down the policy as UNCONSTITUTIONAL because it is violative of Art XI, Sec. 5 which expressly states that ” The commission shall enjoy fiscal autonomy. Their approved annual appropriations shall be automatically and regularly released”. Furthermore, this doctrine also applies to the Judiciary and other Constitutional Commissions.

    In the light of the jurisprudence, COA as a constitutional commission, is entitled to the release of its remaining annual appropriations.

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