Petitioner senators question the constitutionality
of the automatic appropriation for debt service in the 1990 budget which was
authorized by PD 81. Petitioners seek
that (1) PD 81, PD 1177 (Sec 31), and PD 1967 be declared unconstitutional, and
(2) restrain the disbursement for debt service under the 1990 budget pursuant
to said decrees. While respondents contend that the petition involves a
political question (repeal/amendment of said laws)
Issue: Whether
or not subject laws has been impliedly repealed by the 1987 Constitution
NO.
(1). Well-known is the rule that repeal or
amendment by implication is frowned upon. Equally fundamental is the principle
that construction of the Constitution and law is generally applied
prospectively and not retrospectively unless it is so clearly stated.
(2) The Court finds that in this case the
questioned laws are complete in all their essential terms and conditions and
sufficient standards are indicated therein.
The legislative intention in R.A. No. 4860, as
amended, Section 31 of P.D. No. 1177 and P.D. No. 1967 is that the amount
needed should be automatically set aside in order to enable the Republic of the
Philippines to pay the principal, interest, taxes and other normal banking
charges on the loans, credits or indebtedness incurred as guaranteed by it when
they shall become due without the need to enact a separate law appropriating
funds therefor as the need arises. The purpose of these laws is to enable the
government to make prompt payment and/or advances for all loans to protect and
maintain the credit standing of the country.
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