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decision: “The actual existence of a statute, prior to such adetermination [of unconstitutionality], is an operative factand may have consequences which cannot justly be ignored.The past cannot always be erased by a new judicialdeclaration. The effect of the subsequent ruling as toinvalidity may have to be considered in various aspects,with respect to particular relations, individual and corporate,and particular conduct, private and official.”4 The now prevailing principle is that the existence of astatute or executive order prior to its being adjudged void isan operative fact to which legal consequences are attached.Precisely because of the judicial recognition that moratoriumwas a valid governmental response to the plight of thedebtors who were war sufferers, this Court has made clearits view in a series of cases impressive in their number andunanimity that during the eight-year period that ExecutiveOrder No. 32 and Republic Act No. 342 were in force,prescription did not run.Belgica v. Ochoa, 710 SCRA 1 (2013)FACTS:The NBI Investigation was spawned by sworn affidavits of six(6) whistle-blowers who declared that JLN Corporation (JanetLim Napoles) had swindled billions of pesos from the publiccoffers for "ghost projects" using dummy NGOs. Thus,Criminal complaints were filed before the Office of theOmbudsman, charging five (5) lawmakers for Plunder, andConstitutional Law 1 based on the syllabus of Atty. Remoroza2018-201947
Merzy’s Notes Prelim Exam three (3) other lawmakers for Malversation, Direct Bribery,and Violation of the Anti-Graft and Corrupt Practices Act.Also recommended to be charged in the complaints aresome of the lawmakers’ chiefs -of-staff or representatives,the heads and other officials of three (3) implementingagencies, and the several presidents of the NGOs set up byNapoles. Whistle-blowers alleged that" at least P900 Million fromroyalties in the operation of the Malampaya gas project offPalawan province intended for agrarian reform beneficiarieshas gone into a dummy NGO. Several petitions were lodgedbefore the Court similarly seeking that the "Pork BarrelSystem" be declared unconstitutionalUDK-14951– A Petition filed seeking that the PDAF bedeclared unconstitutional, and a cease and desist order beissued restraining President Benigno Simeon S. Aquino III(President Aquino) and Secretary Abad from releasing suchfunds to Members of Congress HELD:Yes, the PDAF article is unconstitutional. The post-enactment measures which govern the areas of projectidentification, fund release and fund realignment are notrelated to functions of congressional oversight and, hence,allow legislators to intervene and/or assume duties thatproperly belong to the sphere of budget execution. Thisviolates the principle of separation of powers. Congress‘rolemust be confined to mere oversight that must be confinedto: (1) scrutiny and (2) investigation and monitoring of theimplementation of laws. Any action or step beyond that willundermine the separation of powers guaranteed by theconstitution.