What if SC declares Php1000 CHR budget UNCONSTITUTIONAL; Budget re-enacted
[1] 1,000-peso CHR budget may be UNCONSTITUTIONAL; Separation of powers[2] CHR constructively ABOLISHED thru budget; Congress cannot abolish CONSTI. body
Now, hypothetically, the Supreme Court declares allocation unconstitutional either because of the doctrine of separation of powers or because of the fact that said budget is a constructive abolition of a constitutional body, which cannot be done by Congress, what would happen to CHR's budget? The answer seems to be absent from the pages of the Constitution. Nevertheless, by analogy, we can apply Section 25 (Par. 7) of Article VI of the 1987 Constitution which provides:
"If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed re-enacted and shall remain in force and effect until the general appropriations bill is passed by the Congress."
Hence, if the Supreme Court finds enough reason to declare this 1000-pesos budget unconstitutional, CHR's budget in the previous fiscal year should be considered re-enacted.
Quoted below is the part of the Constitution creating the Commission.
HUMAN RIGHTS (ARTICLE XIII)
Section 17.
1. There is hereby created an independent office called the Commission on Human Rights.
2. The Commission shall be composed of a Chairman and four Members who must be natural-born citizens of the Philippines and a majority of whom shall be members of the Bar. The term of office and other qualifications and disabilities of the Members of the Commission shall be provided by law.
3. Until this Commission is constituted, the existing Presidential Committee on Human Rights shall continue to exercise its present functions and powers.
4. The approved annual appropriations of the Commission shall be automatically and regularly released.
Section 18. The Commission on Human Rights shall have the following powers and functions:
1. Investigate, on its own or on complaint by any party, all forms of human rights violations involving civil and political rights;
2. Adopt its operational guidelines and rules of procedure, and cite for contempt for violations thereof in accordance with the Rules of Court;
3. Provide appropriate legal measures for the protection of human rights of all persons within the Philippines, as well as Filipinos residing abroad, and provide for preventive measures and legal aid services to the under-privileged whose human rights have been violated or need protection;
4. Exercise visitorial powers over jails, prisons, or detention facilities;
5. Establish a continuing program of research, education, and information to enhance respect for the primacy of human rights;
6. Recommend to Congress effective measures to promote human rights and to provide for compensation to victims of violations of human rights, or their families;
7. Monitor the Philippine Government's compliance with international treaty obligations on human rights;
8. Grant immunity from prosecution to any person whose testimony or whose possession of documents or other evidence is necessary or convenient to determine the truth in any investigation conducted by it or under its authority;
9. Request the assistance of any department, bureau, office, or agency in the performance of its functions;
10. Appoint its officers and employees in accordance with law; and
11. Perform such other duties and functions as may be provided by law.
Section 19. The Congress may provide for other cases of violations of human rights that should fall within the authority of the Commission, taking into account its recommendations.
