MANILA – Malacañang confirmed Wednesday, October 21, that the Office of the Solicitor General (OSG) will seek reconsideration of the Supreme Court’s decision declaring certain provisions involving unprogrammed appropriations in the 2024 and 2025 national budgets unconstitutional.
The Palace said the government’s chief legal counsel intends to file a motion for reconsideration, asking the High Court to review its ruling on the disputed budget provisions.
The development follows the Supreme Court’s decision striking down congressional spending adjustments that it found violated constitutional restrictions on national appropriations.
In its ruling, the High Court declared unconstitutional Congress’ Php 449.5-billion increase in unprogrammed appropriations under the 2024 national budget, which raised the proposed amount from Php 281.9 billion to Php 731.4 billion.
The Court also invalidated a Php 17.99-billion increase in the Department of Public Works and Highways’ Special Road Fund under the 2025 budget, along with certain provisions governing unprogrammed appropriations in the 2026 General Appropriations Act.
The justices emphasized that Congress cannot increase the President’s total recommended appropriations, including both programmed and unprogrammed expenditures.
Unprogrammed appropriations refer to budget allocations that may be released only when specific funding conditions prescribed by law are met.
Through its planned motion for reconsideration, the OSG will ask the Supreme Court to reassess its decision. The specific legal arguments to be raised in the motion have yet to be detailed.
The ruling has also drawn attention from lawmakers reviewing the proposed 2027 national budget, with senators calling for closer scrutiny of congressional adjustments to government spending.
The Supreme Court has yet to act on the planned appeal.
