The debt dilemma: Constitutionality of the automatic appropriation to debt servicing

Date of Publication

2011

Document Type

Bachelor's Thesis

Degree Name

Bachelor of Science in Commerce Major in Legal Management

Subject Categories

Commercial Law

College

Ramon V. Del Rosario College of Business

Department/Unit

Commercial Law

Thesis Adviser

James Keith C. Heffron

Defense Panel Chair

Jocelyn P. Cruz

Defense Panel Member

Ryan Jeremiah D. Quan

Abstract/Summary

On July 30, 1977, President Ferdinand Marcos enacted the Budget Reform Decree of 1977 which included a provision for automatic appropriation of the State's fund for the service of its debts. Though the primary objectives and objectives and plans, the automatic appropriations coupled within the decree shows inconsistencies with the Present Constitution of the Philippines.

The main issue of this research is the constitutionality of the Automatic Appropriations for it is inconsistent with the state policies of the Present Constitution as to its effect on the state and its sovereign.

This research focused on the inconsistency of the said appropriations to the state policy that promotes just and dynamic social order and the freedom of the people from poverty. The research was then narrowed down to the principle of social justice which is closely related to the aforementioned state policy.

This research concludes that the automatic appropriations provision is unconstitutional for it disregards the welfare of the society which is a clear violation of the principle of social justice that is aimed to bring the greatest good to the greatest number.

Abstract Format

html

Language

English

Format

Print

Accession Number

TU19601

Shelf Location

Archives, The Learning Commons, 12F, Henry Sy Sr. Hall

Physical Description

72, [34 unnumbered] leaves

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