Decision the actual existence of a statute prior to

decision: “The actual existence of a statute, prior to such a
determination [of unconstitutionality], is an operative fact
and may have consequences which cannot justly be ignored.
The past cannot always be erased by a new judicial
declaration. The effect of the subsequent ruling as to
invalidity 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 a
statute or executive order prior to its being adjudged void is
an operative fact to which legal consequences are attached.
Precisely because of the judicial recognition that moratorium
was a valid governmental response to the plight of the
debtors who were war sufferers, this Court has made clear
its view in a series of cases impressive in their number and
unanimity that during the eight-year period that Executive
Order 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 (Janet
Lim Napoles) had swindled billions of pesos from the public
coffers for "ghost projects" using dummy NGOs. Thus,
Criminal complaints were filed before the Office of the
Ombudsman, charging five (5) lawmakers for Plunder, and
Constitutional Law 1 based on the syllabus of Atty. Remoroza 2018-
2019
47

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 are
some of the lawmakers’ chiefs -of-staff or representatives,
the heads and other officials of three (3) implementing
agencies, and the several presidents of the NGOs set up by
Napoles.
Whistle-blowers alleged that" at least P900 Million from
royalties in the operation of the Malampaya gas project off
Palawan province intended for agrarian reform beneficiaries
has gone into a dummy NGO. Several petitions were lodged
before the Court similarly seeking that the "Pork Barrel
System" be declared unconstitutional
UDK-14951 – A Petition filed seeking that the PDAF be
declared unconstitutional, and a cease and desist order be
issued restraining President Benigno Simeon S. Aquino III
(President Aquino) and Secretary Abad from releasing such
funds to Members of Congress
HELD:
Yes, the PDAF article is unconstitutional. The post-
enactment measures which govern the areas of project
identification, fund release and fund realignment are not
related to functions of congressional oversight and, hence,
allow legislators to intervene and/or assume duties that
properly belong to the sphere of budget execution. This
violates the principle of separation of powers. Congress‘role
must be confined to mere oversight that must be confined
to: (1) scrutiny and (2) investigation and monitoring of the
implementation of laws. Any action or step beyond that will
undermine the separation of powers guaranteed by the
constitution.