2024 Political Law, Q15

The Local Government Code allocated shares in revenue collections to local government units (LGUs) in the following manner: 23% for the provinces, 23% for the Cities, 34% for the Municipalities, and 20% for the Barangays. In 2023, the proposed General Appropriations Act (GAA) provided a different distribution scheme of revenue collections to LGUs, to wit: 25% for the provinces, 25% for the Cities, 35% for the Municipalities, and 15% for the Barangays. Congressman Macky assailed the constitutionality of this item in the proposed GAA. The House of Representatives Budget Committee countered that it is within the power of Congress to enact laws to increase or decrease the just share of the LGUs in the revenues. Is the new distribution scheme in the proposed GAA lawful? Explain.

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Is the new revenue distribution scheme in the proposed General Appropriations Act lawful?

Under Article VI, Section 25(2) of the 1987 Constitution, what requirement must every provision in a general appropriations bill satisfy?

What is the legal term for an improper provision inserted into a general appropriations bill that attempts to amend substantive law?

How may Congress validly adjust or modify the statutory percentage shares of local government units in national revenue collections?

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Why cannot a General Appropriations Act be used to amend general substantive legislation like the Local Government Code?

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1. Unconstitutional Rider Provision
Under Article VI, Section 25(2) of the 1987 Constitution, no provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Provisions in an annual budget bill that alter, amend, repeal, or modify general substantive legislation are known as unconstitutional riders. Because the primary function of a General Appropriations Act is to authorize public expenditures for a single fiscal period, Congress cannot insert provisions that permanently alter general statutory laws, such as revenue-sharing formulas established under the Local Government Code.

2. Local Fiscal Autonomy
The 1987 Constitution guarantees local government units local fiscal autonomy, which includes a statutory just share in national taxes automatically released to them. Under the Local Government Code (Republic Act No. 7160), specific percentage distributions among provinces, cities, municipalities, and barangays are explicitly fixed by law. While Congress possesses legislative power to alter or adjust these statutory shares, any change must be enacted through a separate substantive law amending the Local Government Code, rather than through temporary provisions embedded within annual national budget legislation.

3. General Appropriations Limits
A General Appropriations Act is an annual expenditure law whose legal effect is limited to the appropriation of funds for government operations during a specific fiscal year. It cannot serve as a vehicle for general legislation or substantive policy amendments. When an item in the general appropriations bill attempts to redistribute or reduce statutory revenue entitlements fixed by substantive law, it violates constitutional procedure and infringes upon the legislative rules governing appropriations. Consequently, such provisions are null, void, and unconstitutional riders.

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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.

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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