Senators: SC won't declare lump sum appropriations unconstitutional

MANILA, Philippines - Administration senators Sergio Osmeña III and Francis Escudero on Tuesday defended the legality of lump sum appropriations under the 2014 budget, which is now the subject of a petition before the Supreme Court.

“I really doubt the Supreme Court will declare it unconstitutional because there’s simply no way anybody can predict what are the disasters that will hit the country,” Osmeña said.

Osmeña pointed out that it would be unrealistic if the High Tribunal decides against lump sum appropriations.

“If you can predict that, I think you will make a billion dollar. Everybody will know when to buy stocks and when to sell stocks. So it will be very unrealistic for the high court to make such a decision,” he said.

In a separate interview, Escudero insinuated that the Court might as well declare the judiciary's lump sum funds unconstitutional if they decide against the lump sum appropriations in the 2014 budget.

“Well, they (SC) also have their own lump sum funds. They should also declare this as unconstitutional as well.  It cannot be other lump sum (appropriations) can be allowed, and others cannot be,” Escudero said.

Escudero defended further the lump sum appropriations, saying that itemizing all details in the budget would limit the spending capacity of the government.

“Gaya nga ng nasabi ko, matatali nito ang kamay ng pamahalaan, at mababawasan ang flexibility ng gobyerno,” he added, citing the calamity fund which cannot be itemized ahead of the actual calamity or disaster.

“Besides, who are they to choose between what items should be categorized as lump sum and not. It might remove some flexibility on the part of the government,” Escudero explained.

The senators were asked to react on the 21-page petition of Greco Antonious Belgica, who said that the lump sum funds were contrary to the high court's earlier decision declaring the Priority Development Assistance Fund (PDAF) of senators and congressmen as “unconstitutional.”

If unused, Escudero pointed out that the lump sum appropriations will become part of the so-called "savings." Savings also have the nature of lump sum appropriations.

He maintained that lump sum funds give flexibility to allow the government to use them in certain situations.