Wenceslao Pascual vs. Secretary Of Public Works 110 Phil. 331 110 SCRA 331
Subject:
Appropriating public funds for a public purpose; Right of Taxpayers to Assail the Constitutionality of a
Legislation
Facts:
Wenceslao Pascual, as Provincial Governor of Rizal, instituted this action for declaratory relief, with
injunction, upon the ground that RA 920, entitled "An Act Appropriating Funds for Public Works",
contained, in section 1-C (a) thereof, an item of appropriation of P85,000.00 for the construction of Pasig
feeder road terminals. At the time of the passage and approval of said Act, the planned feeder roads
were located within the Antonio Subdivision which was a private property of Jose C. Zulueta, then a
member of the Senate of the Philippines.
The respondents maintained that petitioner could not assail the appropriation in question because "there
is no actual bona fide case . . .in which the validity of RA 920 is necessarily involved" and petitioner has
not shown that he has a personal and substantial interest in said Act and that its enforcement has
caused or will cause him a direct injury.
Held:
Appropriating public funds for a public purpose
1. In accordance with the rule that the taxing power must be exercised for public purposes only, money
raised by taxation can be expended only for public purposes and not for the advantage of private
individuals.
2. The test of the constitutionality of a statute requiring the use of public funds is whether the statute is
designed to promote the public interest, as opposed to the furtherance of the advantage of individuals,
although each advantage to individuals might incidentally serve the public.
3. It is the essential character of the direct object of the expenditure which must determine its validity as
justifying a tax. Incidental to the public or to the state, which results from the promotion of private interest
and the prosperity of private enterprises or business, does not justify their aid by the use public money.
Validity of the Statute
4. The validity of a statute depends upon the powers of Congress at the time of its passage or approval,
not upon events occurring, or acts performed, subsequently thereto, unless the latter consists of an
amendment of the organic law, removing, with retrospective operation, the constitutional limitation
infringed by said statute.
5. Referring to the P85,000.00 appropriation for the projected feeder roads in question, the legality
thereof depended upon whether said roads were public or private property when the bill was passed by
Congress, or was approved by the President. Inasmuch as the land on which the projected feeder roads
were to be constructed belonged then to respondent Zulueta, the result is that said appropriation sought
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