Simplistic

Amidst the renewed chatter about Charter change, one often reads or hears political personalities and media commentators using Constitutional Law terms and phrases that, unfortunately, appear sophomoric in comprehension and betray a simplistic appreciation of our system of government. However, I understand their predicament.  On the one hand, it is important to simplify otherwise complex legal terms so that everyone can be properly informed and made to understand.  But on the other hand, it is equally important to be legally precise and not mislead the public.  Let me cite some of these terms.

You often hear the claim that the “power of the purse” belongs to Congress or the Legislative branch.  

The primary basis for harbouring this belief is Article VI, section 29(1) which states that “no money shall be paid out of the Treasury except in pursuance of an appropriation made by law.” In other words, public funds cannot be spent unless there is a law authorizing such disbursement. But in reality, the Executive branch plays a large role in the preparation of the national budget which arguably is the most important piece of legislation that Congress crafts.

Unbeknownst to many, it is the Executive branch, specifically the Department of Budget and Management, that actually prepares the initial draft of the appropriations bill. This only makes sense because the DBM may be in the best position to collate and analyze the information on what the current revenues and expenditures of the government are. Hence, Article VII, section 22 provides that “The President shall submit to the Congress, within thirty days from the opening of every regular session as the basis of the general appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed revenue measures.” This is a crucial function as it places a ceiling on the amounts government agencies can receive. For in Article VI, section 25(1),”Congress cannot increase the appropriations recommended by the President for the operation of the Government as specified in the budget” but can only maintain or decrease the same.  

The role of the Executive in the budgetary process is further enhanced by Article VI, section 27(2) which gives the President the “power to veto any particular item or items in an appropriation, revenue or tariff bill.” This means that the Executive can take out any proposed appropriation in the budget. Finally, any bill passed by the Congress cannot become a law without the action (or inaction) of the President. The latter has the option of signing a bill, vetoing the same (and therefore return the bill to the House where the bill originated”) or “sit” on it, in which case, after thirty days from receipt thereof, the bill shall become a law as if he had signed it.

There is a also the question of whether the Executive has the authority to withhold or impound funds that have been approved in the appropriations law. But that is another issue that had been tackled and should be further discussed in another column. Suffice it to say at this point that the President is not a “saling pusa” in preparing and implementing the budget but plays an indispensable role not only in crafting the appropriations law but in spending the money taken from the national purse.

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We also often hear the claim that the President or the executive branch wields the “power of the sword.” 

This belief is mainly rooted in Article VII, section 18 which states that “The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion.”

But this does not mean that war powers inure solely to the Executive. Article VI, section 23(1) provides that “Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately, has the sole power to declare the existence of a state of war.” (However, this provision does not mean that the Executive has to wait for Congressional action before it can take measures to repel any aggressor.) The importance of the role of Congress is further highlighted by a subsequent paragraph in section 23 where it is Congress which, in times of war and other national emergency, may by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy.” 

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Another misconception is that the three main branches of government should always act independently of each other. While no branch should be allowed to “lord it” over the others, should not focus be placed on the harmonious working of the branches as opposed to concentrating efforts in protecting their respective turfs? While independence is important, an attitude of responsible and healthy inter-dependence will, in the long run, probably be more productive in promoting the public good and upholding the national interest.

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Master-full exhibit: There is an ongoing exhibit entitled “The Collection of Jane Ryan and William Saunders” at the Vargas Museum of the University of the Philippines, Diliman campus.  

Curated by London-based artist Pio Abad, the exhibit seeks to “critically engage with political and cultural constructs of the 1970s and 80s in the Philippines and their repercussions further afield.” Among others, it features the painting The Miraculous Drought of Fishes, attributed to Renaissance painter Jacopo Tintoretto.

The exhibit, which is free of charge, runs until September 30, 2014.  

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Greetings: Birth anniversary best wishes to DTI Secretary Greg Domingo and former FEU MBA-JD Associate Dean and bar topnotcher Anel Diaz.

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“If you can’t explain it to a six year old, you don’t understand it yourself.”   – Albert Einstein

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