Demetria vs Alba G.R. No. 71977 February 27, 1987 Fernan, J. FACTS: The petition for prohibition was filed against the first paragraph of Section 44 of Presidential Decree No. 1177 or “Budgeting Reform Decree of 1977.” It was filed on the grounds that Section 44 infringes upon the fundamental law regarding the authorization of illegal fund transfers of the public’s money which amounts to undue delegation of legislative powers which allows the President to override any security. Solicitor General responds by questioning the legal standing of the petitioners who merely seeks an advisory opinion from the court, there being no justiciable controversy fit for resolution. On February 27, 1986, the Court required the petitioners to file a Reply to the comment. The petitioners stated that as a result of change in the administration, there is a need to hold the resolution of the present case in temporary suspension. A rejoinder was required wherein the Solicitor General filed a rejoinder with the motion to dismiss with the grounds of the abrogation of Section 16(5), Article VIII of the 1973 Constitution by the Freedom Constitution of March 25, 1986 which renders the instant petition moot or with no practical significance. ISSUE: 1. Whether the First Paragraph of Section 44 of Presidential Decree No. 1177 or “Budgeting Reform Decree of 1977.” is constitutional. 2. Whether the Supreme Court can act upon the Executive Act. RULING/DECISION: 1. No, it is Unconstitutional, therefore null and void. 2. Yes, the Supreme Court can act upon the Executive Act. RATIO DECIDENDI: 1. First Paragraph of Section 44 of Presidential Decree No. 1177 or “Budgeting Reform Decree of 1977” is in conflict with the 5th Paragraph of Section 16 due to the exceeding privilege of the President to transfer funds indiscriminately from a Department of the Executive to any other department and program without regard if it is a saving. 2. The Legislature acted outside of its scope of its Constitutional powers therefore the Judiciary have the duty to assume that said legislature be void and null.
