BVR & ASSOCIATES
  • HOME
  • OUR SERVICES
    • TAX COMPLIANCE & ACCOUNTING
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • VIRTUAL ASSISTANT
    • FINANCIAL PLANNING
    • ASSET MANAGEMENT
    • HUMAN RESOURCES
  • About
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • CONTACT US
  • SERVICES

a collections of case digests and laws that can help aspiring law students to become a lawyer


Case Digest: CSC v DBM

6/27/2020

0 Comments

 

ISSUE: 
W/N DBM’s policy of “No Report, No Release” is constitutional 

FACTS: 
CSC filed a petition for mandamus seeking to compel the DBM to release the balance of its budget for fiscal year 2002. At the same time, it seeks a determination by this Court of the extent of the constitutional concept of fiscal autonomy. General Appropriation Act of 2002 (GAA) appropriated total funds to the CSC but they claimed that there is an unreleased balance. To CSC, this balance was intentionally withheld by DBM on the basis of its no report, no release policy. DBM proffers at any rate that the delay in releasing the balance of CSC budget was not on account of any failure on CSC part to submit the required reports; rather, it was due to a shortfall in revenues. Moreover, DBM contends that CSC did not exhaust administrative remedies as it could have sought clarification from DBM Secretary regarding the extent of fiscal autonomy before resorting to Court. Second, even assuming that administrative remedies were exhausted, there are no exceptional and compelling reasons to justify the direct filing of the petition with Supreme Court instead of the trial court, thus violating the hierarchy of courts. 

DECISION: 
No 

RATIO DECIDENDI: 
DBM’s policy of “No Report, No Release” may not be validly enforced against offices possessing fiscal autonomy without violating Article IX (A), Section 5 of the Constitution which states: The Commission shall enjoy fiscal autonomy. Their approved annual appropriations shall be automatically and regularly released. It is under such situation that a relaxation of the constitutional mandate to automatically and regularly release appropriations is allowed. Their approved appropriations shall be automatically and regularly released.  
0 Comments



Leave a Reply.

    Archives

    August 2022
    July 2022
    June 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    July 2021
    June 2021
    May 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    April 2020
    March 2020
    October 2019
    September 2019
    August 2019
    March 2018

    Categories

    All
    Agrarian Law
    Articles-of-incorporation
    By-laws
    Constitutional Law
    Criminal Law
    Law
    Persons And Family Relations

    RSS Feed

Powered by Create your own unique website with customizable templates.
  • HOME
  • OUR SERVICES
    • TAX COMPLIANCE & ACCOUNTING
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • VIRTUAL ASSISTANT
    • FINANCIAL PLANNING
    • ASSET MANAGEMENT
    • HUMAN RESOURCES
  • About
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • CONTACT US
  • SERVICES