LAMP vs The Secretary of DBM,; G.R. No. 164987; 24 Apr 2012; 670 SCRA 373

Petitioners contend that the General Appropriations Act of 2004 prohibits the automatic or direct allowance/allocation of lump sums to individual senators and congressmen for the funding of projects. The GAA does not empower individual members of Congress to propose, select and identify programs and projects to be funded out of the PDAF.

Whether or not the Court may prohibit respondents from further implementing DAP on the ground of its unconstitutionality.

To justify the nullification of the law or its implementation, there must be a clear and unequivocal, not doubtful, breach of the Constitution. In case of doubt in the sufficiency of proof establishing unconstitutionality, the Court must sustain legislation because to invalidate based on baseless supposition is an affront to the wisdom not only of the legislature that passed it but also of the executive which approved it.

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Category: Legal Chyme

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