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Maria Carolina P. Araullo, et al. Vs. Benigno Simeon C. Aquino III, President of the Republic of the Philippines, et al. [Separate Opinion, J. Brion]

G.R. No. 209287 - MARIA CAROLINA P. ARAULLO, Chairperson, Bagong Alyansang Makabayan; JUDY M. TAGUIW ALO, Professor, University of the Philippines Diliman, Co-Chairperson, Pagbabago; HENRI KAHN, Concerned Citizens Movement; REP. LUZ ILAGAN, Gabriela Women's Party Representative; REP. CARLOS ISAGANI ZARA TE, Bayan Muna Partylist Representative; RENATO M. REYES, JR., Secretary General of BAYAN; MANUEL K. DAYRIT, Chairman, and Kapatiran Party; VENCER MARI E. CRISOSTOMO, Chairperson, Anakbayan; and VICTOR VILLANUEVA, Conyenor Youth Act Now v. BENIGNO SIMEON C. AQUINO III, President of the Republic of the Philippines; PA QUITO N. OCHOA, JR., Executive Secretary; and FLORENCIO B. ABAD, Secretary of the Department of Budget and Management. G.R. No. 209135 - AUGUSTO L. SYJUCO, JR., Ph.D. v. FLORENCIO B. ABAD, in his capacity as the Secretary of Department of Budget and Management; and HON. FRANKLIN MAGTUNAO DRILON, in his capacity as Senate President of the Philippines. G.R. No. 209136 - MANUELITO R. LUNA v. SECRETARY FLORENCIO ABAD, in his official capacity as Head of the Department of Budget and Management; and EXECUTIVE SECRETARY PA QUITO OCHOA, in his official capacity as Alter Ego of the President. G.R. No. 209155 - ATTY. JOSE MALVAR VILLEGAS, JR. v. THE HONORABLE EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR.; and THE SECRETARY OF BUDGET AND MANAGEMENT FLORENCIO B. ABAD. G.R. No. 209164 - PHILIPPINE CONSTITUTION ASSOCIATION (PHILCONSA), represented by DEAN FROILAN M. BACUNGAN, BENJAMIN E. DIOKNO and LEONOR M. BRIONES v. DEPARTMENT OF BUDGET AND MANAGEMENT and/or HON. FLORENCIO B. ABAD. G.R. No. 209260 - INTEGRATED BAR OF THE PHILIPPINES (IBP) v. SECRETARY FLORENCIO B. ABAD OF THE DEPARTMENT OF BUDGET AND MANAGEMENT (DBM). G.R. No. 209442 - GRECO ANTONIOUS BEDA B. BELGICA, BISHOP REUBEN M. ABANTE and REV. JOSE L. GONZALEZ v. PRESIDENT BENIGNO SIMEON C. AQUINO III, THE SENATE OF THE PHILIPPINES, represented by SENATE PRESIDENT FRANKLIN M. DRILON; THE HOUSE OF REPRESENTATIVES, represented by SPEAKER FELICIANO BELMONTE, JR.; THE EXECUTIVE OFFICE, represented by EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR.; THE DEPARTMENT OF BUDGET AND MANAGEMENT, represented by SECRETARY FLORENCIO ABAD; THE DEPARTMENT OF FINANCE, represented by SECRETARY CESAR V. PURISIMA; and THE BUREAU OF TREASURY, represented by ROSALIA V. DE LEON. G.R. No. 209517- CONFEDERATION FOR UNITY, RECOGNITION AND ADVANCEMENT OF GOVERNMENT EMPLOYEES (COURAGE), represented by its 1st Vice President, SANTIAGO DASMARINAS, JR.; ROSALINDA NARTATES, for herself and as National President of the Consolidated Union of Employees National Housing Authority (CUE-NHA); MANUEL BACLAGON, for himself and as President of the Social Welfare Employees Association of the Philippines, Department of Social Welfare and Development Central Office (SWEAP-DSWD CO); ANTONIA PASCUAL, for herself and as National President of the Department of Agrarian Reform Employees Association (DAREA); ALBERT MAGALANG, for himself and as President of the Environment and Management Bureau Employees Union (EMBEU); and MARCIAL ARABA, for himself and as President of the Kapisanan Para Sa Kagalingan ng mga Kawani ng MMDA (KKK-MMDA) v. BENIGNO SIMEON C. AQUINO III, President of the Republic of the Philippines, PAQUITO OCHOA, JR., Executive Secretary; and HON. FLORENCIO B. ABAD, Secretary of the Department of Budget and Management. G.R. No. 209569 - VOLUNTEERS AGAINST CRIME AND CORRUPTION (V ACC), represented by DANTE LA. JIMENEZ v. PAQUITO N. OCHOA, Executive Secretary, and FLORENCIO B. ABAD, Secretary of the Department of Budget and Management. [Separate Opinion, J. Brion]

G.R. No. 209287/209135/209136/209155/209164/209260/209442/209517/209569 | 2014-07-01

SEPARATE OPINION
 
 
 
 
 

BRION, J.:
 
Preliminary Statement I submit this Concurring and Dissenting Opinion to reflect my views on the constitutionality of the Disbursement Acceleration Program  (DAP) and its implementing budget circular, National Budget Circular No. 541 (NBC 541). The Court will recall that following the lead of J. Antonio Carpio, I submitted my original Separate Opinion in April 2014 during the Court’s Baguio session after the promised ponencia was not issued. This move, to be sure, was an unusual one, as Members of the Court, in the usual...