MANILA – Three lawmakers filed before the Supreme Court a petition questioning the constitutionality of nearly ₱450 billion in additional unprogrammed funds inserted into the 2024 budget.
In their petition filed on Monday but sent to the media on Tuesday, Albay Rep. Edcel Lagman, Camarines Sur Rep. Gabriel Bordado, and Basilan Rep. Mujiv Hataman also asked the high court to halt the release of the extra unprogrammed funds.
Petitioners named as respondents Senate President Juan Miguel Zubiri, House Speaker Martin Romualdez, Senate Finance Committee chairman Sen. Sonny Angara, and House Appropriations chairman Ako Bicol Rep. Elizaldy Co.
They also named Executive Secretary Lucas Bersamin, Budget Secretary Amenah Pangandaman, and National Treasurer Rosalia De Leon as respondents.
In the 2024 National Expenditure Program, the executive set a ceiling of ₱289.1 billion for unprogrammed appropriations. This was retained in the General Appropriations Bills of the House of Representatives and the Senate.
The bicameral conference committee inserted ₱449.5-billion unprogrammed appropriations on top of the ₱289.1 billion, raising the total to ₱731.4 billion which made it to the General Appropriations Act signed by President Ferdinand Marcos Jr.
The Department of Budget and Management described these as “standby appropriations which authorize additional agency expenditures for priority programs and projects in excess of the original budget but only when revenue collections exceed the resource targets.”
Citing Paragraph 1, Section 25, Article VI of the 1987 Constitution, the petitioners pointed out that “Congress may not increase the appropriations recommended by the President for the operation of the government as specified in the budget.”
They also said that the unprogrammed appropriations are an essential component of the budget.
“The excess of ₱449.5 billion over the ₱289.1 billion proposed by the President for unprogrammed appropriations is an unconstitutional act of the Congress which is tainted with grave abuse of discretion amounting to lack or excess of congressional jurisdiction, and perforce must be nullified,” they wrote.
The three lawmakers asked the Supreme Court to issue a Temporary Restraining Order or a Writ of Preliminary Injunction to restrain the respondents from funding, releasing, and implementing the excess appropriations.
They also asked the high court to nullify the excess funds and issue a Writ of Prohibition directed at the respondents and functionaries acting on their behalf to stop them from using the unprogrammed appropriations.
Meanwhile, Sen. Koko Pimentel said he would also file a petition before the SC assailing the excess unprogrammed appropriations.
