Aglipay v.

Ruiz 64 Phil 201

Section 29 of the Legislative Department

Executive Impoundment power of the executive to impound funds appropriated by Congress

The petitioner, Mons. Gregorio Aglipay, Supreme Head of the Philippine Independent Church, seeks
the issuance from this court of a writ of prohibition to prevent the respondent Director of Posts from
issuing and selling postage stamps commemorative of the Thirty-third International Eucharistic
Congress.

Petitioner:

The said stamps were actually issued and sold though the greater part thereof, to this day, remains
unsold. The further sale of the stamps is sought to be prevented by the petitioner herein.
The respondent alleges that the Government of the Philippines would suffer losses if the writ prayed for
is granted. He estimates the revenue to be derived from the sale of the postage stamps in question at
P1,618,017.10 and states that there still remain to be sold stamps worth P1,402,279.02.

Issue:

No public money or property shall ever be appropriated, applied, or used, directly or indirectly, for the use, benefit, or
support of any sect, church, denomination, sectarian institution, or system of religion, or for the use, benefit, or support of any
priest, preacher, minister, or other religious teacher or dignitary as such, except when such priest, preacher, minister, or
dignitary is assigned to the armed forces or to any penal institution, orphanage, or leprosarium. (Art 6, Sec 29, Par. No. 2,
1987 Consti)

No. 4052. AN ACT APPROPRIATING THE SUM OF SIXTY THOUSAND PESOS AND MAKING THE SAME AVAILABLE OUT OF
ANY FUNDS IN THE INSULAR TREASURY NOT OTHERWISE APPROPRIATED FOR THE COST OF PLATES AND PRINTING OF
POSTAGE STAMPS WITH NEW DESIGNS, AND FOR OTHER PURPOSES.

SEC 1. The sum of sixty thousand pesos is hereby appropriated and made immediately available out of any funds in
the Insular Treasury not otherwise appropriated, for the costs of plates and printing of postage stamps with new designs, and
other expenses incident thereto.

SEC. 2. The Director of Posts, with the approval of the Secretary of Public Works and Communications, is hereby
authorized to dispose of the whole or any portion of the amount herein appropriated in the manner indicated and as often as
may be deemed advantageous to the Government.

SEC. 3. This amount or any portion thereof not otherwise expended shall not revert to the Treasury.

SEC. 4. This act shall take effect on its approval.

Ruling:

The stamps were not issue and sold for the benefit of the Roman Catholic Church. Nor were money
derived from the sale of the stamps given to that church. The only purpose in issuing and selling the
stamps was "to advertise the Philippines and attract more tourist to this country."
Conclusion: there has been no constitutional infraction in the case at bar, Act No. 4052 grants the
Director of Posts, with the approval of the Secretary of Public Works and Communications, discretion to
misuse postage stamps with new designs "as often as may be deemed advantageous to the
Government."
Even if we were to assume that these officials made use of a poor judgment in issuing and selling the
postage stamps in question still, the case of the petitioner would fail to take in weight.

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