2024 budget approved by Congress unconstitutional?

MANILA, Philippines — The ratified version of the proposed 2024 national budget could be considered unconstitutional as the bicameral conference committee added about P450 billion in unprogrammed funds, breaking the P6-trillion mark, according to Senate Minority Leader Aquilino Pimentel III.

In an interview, Pimentel noted that the approved proposal for unprogrammed funds in the ratified version of the proposed national budget was P281.9 billion, as indicated in the National Expenditure Program (NEP).

“The original proposal of the President or the executive department was P281.9 billion in the NEP, and yet the ending was P731.4 billion or an increase roughly of P450 billion as a result of the bicameral conference,” he said.

“The P5.768 trillion, then add the P450 billion, would reach P6 trillion, including the unprogrammed (funds),” he added.

The Senate Minority Leader pointed out that when the executive department submitted the appropriations to Congress, the programmed and unprogrammed appropriations have been set, therefore making it the submission of the President.

“That is what the executive branch needs to operate the government,” Pimentel said.

“It is unconstitutional and can be questioned,” he added.

Pimentel noted that this is the second year that unprogrammed appropriations were bloated and the additional funds of P450 billion worth of projects or programs or activities were not requested by the executive branch.

“Is that compliant to the Constitution? The Constitution provides that Congress may approve the appropriations proposed by the President for operations of the government, but it cannot increase the appropriations. Congress can maintain the appropriations or can decrease, but it cannot increase the appropriations. My question is, if we increase the unprogrammed appropriations, isn’t that violative of the rules?” he said in English and Filipino.

He added that even the 2023 national budget was more than P6 trillion due to unprogrammed funds.

“Actually, I also questioned the 2023 budget because of the unprogrammed funds. It’s the first year that the national budget was P6 trillion,” he said, adding that he would consult other lawyers about the constitutionality of the unprogrammed funds.

While there are many reasons to vote in favor of the bicam report, Pimentel said there are also some serious and grave concerns on the process of budgeting, especially in the programmed and unprogrammed appropriations.

Programmed appropriations are appropriations with definite/identified funding as of the time the budget is prepared, while unprogrammed appropriations are those that provide standby authority to incur additional agency obligations for priority programs or projects when revenue collection exceeds targets, and when additional grants or foreign funds are generated.

Meanwhile, the Supreme Court (SC) will look into consolidating all petitions challenging the constitutionality of the so-called confidential funds given to the Office of the Vice President (OVP) last year.

The SC is currently waiting for the respondents, including Vice President and Education Secretary Sara Duterte, Executive Secretary Lucas Bersamin and Budget Secretary Amenah Pangandaman, to file their respective comments regarding the petitions, according to Chief Justice Alexander Gesmundo. - Daphne Galvez, Delon Porcalla