CHR's Php1000 budget VIOLATES doctrine of independence thru ADEQUATE appropriation

Constitutionally-created bodies are independent from one another. In fact, the doctrine of separation of powers is not only applicable to the three Great Branches of government (the Executive, the Judiciary and the Legislative) but also to other offices, bodies and commissions created by the 1987 Constitution. In short, no branch, body, commission or office can encroach upon the functions and prerogatives of the others and it can neither directly or indirectly abolish any constitutional creation nor cause it to cease functioning.
While the Congress wields the power of the purse, such power cannot be exercised to nullify certain provisions of the Constitution such as Article XIII on Social Justice and Human Rights, which created the Commission on Human Rights (CHR). One of the features of independence of constitutional creations is "adequate appropriation." This is the doctrine of independence thru adequate appropriation.

It is true that the CHR, unlike the Supreme Court, for example, does not enjoy fiscal autonomy. However, it cannot be made to stop functioning thru inadequate appropriation since that would, in effect, abolish an office through law, which is against the fundamental doctrine of constitutional supremacy.
Joselito Basilia has expressed this view: "Where the Constitution mandates a constitutional office to exercise powers and perform certain tasks, Congress is bound to grant appropriation adequate to enable such office to carry out its constitutional assignment. Whilst it is true that Congress wields the power of the purse, the exercise of such power should neither diminish the efficacy of the Constitution nor emasculate the oversight function of a constitutional office and render the constitutional provisions relating thereto inoperative. In my view, the preposterous reduction of CHR['s] budget (if [ever] it becomes part of the GAA) [would be] an ultra vires act and Congress acted in an arbitrary manner by reason of passion which is subject to judicial review. To view this as a political question would result in an unreasonable and unjust situation where Congress can emasculate any constitutional offices and government agencies including the military by defunding their budgets, making Congress a despotic and most powerful branch of government contrary to the design of the Constitution."


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