2017 Political Law, Q6

A. The President appoints the Vice President as his Administration’s Housing Czar, a position that requires the appointee to sit in the Cabinet. Although the appointment of the members of the Cabinet requires confirmation by the Commission on Appointment (CA), the Office of the President does not submit the appointment to the CA. May the Vice President validly sit in the Cabinet? (2.5%)
B. The Executive Department has accumulated substantial savings from its appropriations. Needing ₱3,000,000.00 for the conduct of a plebiscite for the creation of a new city but has no funds appropriated soon by the Congress for the purpose, the COMELEC requests the President to transfer funds from the savings of the Executive Department in order to avoid a delay in the holding of the plebiscite.
May the President validly exercise his power under the 1987 Constitution to transfer funds from the savings of the Executive Department, and make a cross-border transfer of ₱3,000,000.00 to the COMELEC by way of augmentation? Is your answer the same if the transfer is treated as aid to the COMELEC? Explain your answer. (4%)

Quick check

May the Vice President be validly appointed as a Cabinet member without Commission on Appointments confirmation?

Under Article VI, Section 25(5), who among the following is authorized to augment items in appropriations from savings?

Why is a cross-border transfer of savings from the Executive Department to the COMELEC unconstitutional?

Can a transfer of executive savings to an independent constitutional commission be validated by calling it aid?

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Which fundamental constitutional principle is violated when the Executive transfers funds to an independent commission?

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1. Vice President Appointment
Under Article VII, Section 3 of the 1987 Constitution, the Vice President may be appointed as a Member of the Cabinet without needing confirmation by the Commission on Appointments. This explicit constitutional provision serves as a specific exception to the general rule governing presidential appointments of Cabinet secretaries. Consequently, when the President appoints the Vice President to head an executive department or housing agency, the appointment takes effect immediately upon acceptance without legislative vetting.

2. Cross-Border Transfers
Article VI, Section 25(5) of the Constitution prohibits cross-border transfers of public funds between separate branches of government or independent constitutional bodies. Although the President, Senate President, Speaker of the House, Chief Justice, and heads of Constitutional Commissions may be authorized by law to augment items in their respective appropriations, such transfers are strictly confined to actual savings within their own offices. Transferring executive savings to an independent body like the COMELEC violates the constitutional rule on augmentation.

3. Prohibition On Aid
Inter-branch fund transfers cannot be legally justified by disguising or treating them as financial aid or assistance to an independent constitutional commission. Allowing cross-border financial aid from the executive branch undermines the financial and operational independence guaranteed to constitutional bodies like the COMELEC. Furthermore, such unauthorized transfers subvert the exclusive power of Congress to appropriate public funds and violate the constitutional principle of separation of powers.

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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