(Photo courtesy of RTVM)
MANILA, Philippines – The Office of the Solicitor General (OSG) will ask the Supreme Court (SC) to reconsider portions of its ruling on the 2024, 2025, and 2026 national budgets, arguing that Congress and the executive branch should be allowed to address budgetary issues within their constitutional powers.
During a Palace briefing Thursday, October 22, Solicitor General Darlene Marie Berberabe said the OSG respects the Court’s position that unprogrammed appropriations are not inherently unconstitutional but wants clarification on certain safeguards affecting the implementation of the 2026 national budget.
Berberabe said the government seeks to determine which safeguards are constitutionally required and which should remain under the authority of Congress and the executive.
“Ang amin lamang pong gustong idiin at hilingin na repasuhin nila baka po may mga guardrails na dapat ay ipaubaya na lamang doon sa dalawang branches, which are the political branches,” she said.
She emphasized that Congress and the executive have already taken steps to address concerns raised by the Court, including revising lump-sum appropriations and removing certain provisions from the 2026 budget.
According to Berberabe, these adjustments demonstrate that the two branches can correct budgetary issues through their existing constitutional powers.
“Kaya po iyon iyong sinasabi namin na tutal sa kanila ibinigay ng Konstitusyon iyong kapangyarihan, hayaan mo silang mag-self-correct,” she added.
Berberabe also said the OSG would examine whether certain aspects of the ruling could raise concerns about possible judicial overreach.
The Supreme Court recently declared unprogrammed appropriations in the 2024 and 2025 national budgets unconstitutional due to specific changes in budget provisions.
It also invalidated certain provisions governing unprogrammed appropriations under the 2026 General Appropriations Act (GAA).
The Court established additional conditions for releasing unprogrammed funds, including a requirement that excess revenue collections be assessed against overall government revenue targets.
Berberabe said the OSG is reviewing the separate opinions of the justices before formally seeking clarification and reconsideration.
She also noted that the executive’s proposed 2027 national budget substantially reduces unprogrammed appropriations.
Unprogrammed appropriations are standby funds that may be released only when specific funding conditions are satisfied, unlike programmed appropriations, which have identified funding sources for government programs and projects.
