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    Constantino Vs Cuisia Digest PDF

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    The Supreme Court dismissed the petition challenging the Philippine debt restructuring agreements entered into by former President Corazon Aquino. The Court held that under the doctrine of qualified political agency, the President can delegate the power to incur foreign debts to other executive agencies, as the heads of departments act as the President's alter egos. The Court also found the President could borrow funds through bonds based on provisions in the Revised Administrative Code and Presidential Decree.

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    Constantino Vs Cuisia Digest PDF

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    414 views1 page
    The Supreme Court dismissed the petition challenging the Philippine debt restructuring agreements entered into by former President Corazon Aquino. The Court held that under the doctrine of qualified political agency, the President can delegate the power to incur foreign debts to other executive agencies, as the heads of departments act as the President's alter egos. The Court also found the President could borrow funds through bonds based on provisions in the Revised Administrative Code and Presidential Decree.

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    The Supreme Court dismissed the petition challenging the Philippine debt restructuring agreements entered into by former President Corazon Aquino. The Court held that under the doctrine of qualified political agency, the President can delegate the power to incur foreign debts to other executive agencies, as the heads of departments act as the President's alter egos. The Court also found the President could borrow funds through bonds based on provisions in the Revised Administrative Code and Presidential Decree.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    414 views1 page

    Constantino Vs Cuisia Digest PDF

    Uploaded by

    Secret Secret
    The Supreme Court dismissed the petition challenging the Philippine debt restructuring agreements entered into by former President Corazon Aquino. The Court held that under the doctrine of qualified political agency, the President can delegate the power to incur foreign debts to other executive agencies, as the heads of departments act as the President's alter egos. The Court also found the President could borrow funds through bonds based on provisions in the Revised Administrative Code and Presidential Decree.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

    Constantino v. CuisiaG.R. No. 106064.

    October 13, 2005


    Facts
    : Petition for certiorari, prohibition andmandamus of the Philippine ComprehensiveProgram for
    1992.Petitioners are members of the non-government organization, Freedom from DebtCoalition, which
    advocates a “pro-people and just Philippine debt policy.” They question the Financing Program started by
    then President Corazon Aquino, characterized as a “multi-option financing package”, wherein
    thePresident entered into three restructuringagreements with foreign creditor governments.Petitioners
    stress that unlike otherpowers which may be validly delegated by thePresident, the power to incur foreign
    debts isexpressly reserved by the Constitution in theperson of the President.

    Held
    : Petition DISMISSED.

    Issue
    : WON the President can delegate thepower to incur foreign debts to other executiveagencies.
    WON the President can borrow to meet publicexpenditures in the form of bonds.

    Ratio/Doctrine
    : Yes, based on the Doctrine of Qualified Political Agency. Each head of the department is and must be,
    the President’s alter ego in the matters of that departmentwhere the President is required by law
    toexercise authority. The doctrine of qualified political agency essentially postulates that the heads of
    the various executive departments are the alter egos of the President, and, thus, the actions taken by
    such heads in the performance of their official duties are deemed the acts of the President unless the
    President himself should disapprove such acts

    Yes, based on RA 245, as amended byPD 142, s.1973

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