Drilon welcomes SC ruling on unprogrammed appropriations
MANILA, Philippines — Former Senate President Franklin Drilon lauded the Supreme Court’s recognition of unprogrammed appropriations as a valid budgetary tool, while urging Congress to seek clarification on portions of the decision that may encroach on its constitutional authority over budgeting.
Based on his reading of the decision, Drilon said the Court affirmed that unprogrammed appropriations are not unconstitutional in themselves. They provide standby spending authority that may be exercised only when the funding conditions prescribed by law are met.
He said seeking clarification is appropriate because the ruling, as currently written, may go beyond constitutional review by prescribing fiscal conditions that, under the 1987 Constitution, should be left to the best judgment of Congress.
Drilon said the ruling affects Congress' authority to determine appropriations.
He also congratulated the court, saying its release comes at a crucial stage in the preparation of the 2027 national budget.
“We look forward to seeing how the reforms will be reflected in the 2027 budget,” he added.
As amicus curiae during the proceedings, Drilon defended the constitutionality of unprogrammed appropriations while warning that their implementation could violate constitutional limits.
He also acknowledged that flaws or abuses in the mechanism may require correction. But the standards needed to address them should be expressly imposed by Congress through legislation, with the Court determining whether those standards comply with the Constitution.
For Drilon, identifying a constitutional defect does not necessarily authorize the Court to write budget guidelines that would replace Congress’ express conditions. Doing so, he warned, raises concerns about judicial legislation.
“Congress determines appropriations and their lawful conditions. The Executive implements the budget within those conditions. Both functions remain subject to the Constitution,” Drilon said.
Replacing the funding trigger enacted by Congress, he warned, could narrow legislative discretion and restrict the Executive’s ability to implement the budget under the approved framework.
Drilon said clarification would help establish the boundaries of judicial review while preserving constitutional safeguards against the misuse of public funds.
“The concern therefore extends beyond one administration or one budget. It involves the scope of the budget powers available to future Congresses and presidents,” he said. (Contributed story)
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