2017 Political Law, Q14

To fulfill a campaign promise to the poor folk in a far-flung area in Mindanao, the President requested his friend, Pastor Roy, to devote his ministry to them. The President would pay Pastor Roy a monthly stipend of ₱50,000.00 from his discretionary fund, and would also erect a modest house of worship in the locality in an area of the latter’s choice.
Does the President thereby violate any provisions of the Constitution? Explain your answer. (3%)

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Which constitutional provision strictly prohibits applying public money or property for the benefit of any church or minister?

Under Article VI, Section 29(2), when may a religious minister validly receive public compensation from the government?

What constitutional limitation governs the disbursement of presidential discretionary funds under Article VI, Section 25(6)?

Why is erecting a house of worship using public funds unconstitutional under Article III, Section 5 and Article VI, Section 29(2)?

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Does fulfilling a campaign promise to help poor citizens validate paying a minister's stipend from public discretionary funds?

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1. Public Funds Prohibition
Under Article VI, Section 29(2) of the 1987 Constitution, no public money or property shall ever be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, or other religious teacher as such. This constitutional prohibition enforces the strict separation of Church and State and guarantees government neutrality in religious matters. Public funds cannot be used to financially support religious ministers or build religious facilities, as doing so constitutes an unconstitutional state endorsement and financial subvention of religion.

2. Exceptions To Prohibition
Article VI, Section 29(2) provides a narrow exception allowing public compensation to a priest, preacher, minister, or dignitary when assigned to the armed forces, a penal institution, or a government orphanage or leprosarium. This exception addresses unique institutional settings where individuals are isolated from their communities and require access to spiritual guidance. Outside these enumerated state institutions, paying a monthly stipend or salary to a religious minister from public funds is strictly unconstitutional, regardless of whether the minister serves impoverished communities or fulfills a campaign pledge.

3. Discretionary Fund Restrictions
Under Article VI, Section 25(6) of the 1987 Constitution, sums appropriated for discretionary funds must be disbursed strictly for public purposes. Discretionary funds are public funds subject to audit and constitutional limitations. They cannot be treated as personal funds of the Chief Executive or disbursed for sectarian goals. Using public discretionary funds to pay a minister's stipend or construct a place of worship violates the fundamental requirement that public funds be spent exclusively for public purposes, as advancing religion or benefiting a religious leader is not a lawful public purpose.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026