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Teofisto T. Guingona, Jr. Vs. Guillermo Carague [ DISSENTING OPINION, CRUZ, J. ]

TEOFISTO T. GUINGONA, JR. and AQUILINO Q. PIMENTEL, JR., petitioners, vs. HON. GUILLERMO CARAGUE, in his capacity as Secretary, Budget & Management, HON. ROZALINA S. CAJUCOM, in her capacity as National Treasurer and COMMISSION ON AUDIT, respondents. Ramon A. Gonzales for petitioners.

G.R. No. 94571 | 1991-04-22

Separate Opinions

CRUZ, J., dissenting:

I regret I must dissent.

One of the essential requirements of a valid appropriation is that the amount appropriated must be certain, which means that the sum authorized to be released should either be determinate or at least determinable. As has been uniformly held:

It is essential to the validity of an appropriation law that it should state the exact amount appropriated or the maximum sum from which the authorized expenses shall be paid, otherwise it would be void for uncertainty, since the legislative power over appropriation in effect could have been delegated in such case to the recipient of the...