MANILA – The Office of the Solicitor General (OSG) has welcomed the Supreme Court’s ruling that unprogrammed appropriations are not inherently unconstitutional, affirming their role in the government’s national budgeting process.
During a Palace press briefing Thursday, Solicitor General Darlene Marie Berberabe said the decision clarified the constitutional status of unprogrammed funds included in the 2024, 2025, and 2026 national budgets.
Berberabe emphasized that the government respects the High Court’s ruling, although the OSG intends to seek clarification and reconsideration of certain portions of the decision.
“Iginagalang ng OSG ang desisyon at malugod nitong tinatanggap ang pangunahing pasya ng korte na ang unprogrammed appropriations, bilang isang mekanismo ng pagba-budget ay hindi labag sa Konstitusyon,” she said.
According to Berberabe, unprogrammed appropriations provide flexibility in government spending by allowing additional expenditures when funding sources become available, subject to existing legal requirements.
She explained that national budget preparation involves complex fiscal considerations, including available fiscal space, deficit targets, and cash management policies established by the government’s economic managers.
“Hindi po pwedeng lahat programmed appropriation kaya mayroon po lagi silang sinasabing fiscal space,” she added.
The Solicitor General also acknowledged the safeguards introduced by the Supreme Court to strengthen transparency, accountability, and responsible management of public funds.
However, she said the OSG would seek clarification regarding the constitutional basis of certain safeguards while maintaining that Congress and the Executive Branch must be allowed to exercise their respective constitutional powers in budget preparation and implementation.
Berberabe stressed that the government remains committed to complying with the Court’s ruling while ensuring the continued implementation of public programs and projects.
The OSG has until November 4 to file its motion for reconsideration as it reviews the decision and its implications for government budgeting.
