SC debate over ‘unprogrammed funds’ seen



MANILA, Philippines — President Ferdinand Marcos Jr. should veto the excess in the unprogrammed appropriations in the proposed 2024 national budget to avert a possible controversy being lodged before the Supreme Court, Senate Minority Leader Aquilino Pimentel III said on Monday.

In a television interview, Pimentel reiterated that the P450 increase in the unprogrammed funds was unconstitutional, as it supposedly violated a prohibition against Congress increasing the budget as proposed by the executive branch.

“The possible remedy is for the president to veto the excess or that the budget will come back to the levels as proposed by the president,” he said.

“But if the president does not do this, therefore we have a case. This can be questioned before the Supreme Court on the basis of the constitutional provision which I have cited,” Pimentel added.

Pimentel made the statement as the enrolled bill of the P5.77 trillion proposed 2024 General Appropriations Bill is transmitted to Malacañang for the president’s signature.

The senator agreed with the proposal of former Sen. Panfilo Lacson, who suggested in a tweet that the president should line-veto the P450 billion that was added by the bicameral conference committee in the final version of the 2024 General Appropriations Bill.

“Yes [I agree with him because] that is coming from the experience of Senator Lacson and he already pointed out a possible remedy,” Pimentel said.

The Constitution mandates that the proposed budget comes from the executive, which designed that the unprogrammed funds would total only P281 billion, Pimentel said.

Insertions

The executive branch budgeted P281 billion for unprogrammed funds, despite being aware of the circumstances when these can or may be funded, Pimentel said.

“The Constitution has said that Congress can only concur [with the original proposed budget], reduce it and in case we have in our country a strong political party system, Congress can even reduce it, but not to increase,” he said.

The Constitution is very categorical in this prohibition, Pimentel said.

When the executive branch drafted the proposed P281 billion unprogrammed appropriations, it was aware of the rules to justify the amount, and they were also aware of the potential loans and other revenues or excess in collection, he said.

“The unprogrammed funds ended with P731 billion, or more than double the original amount after Congress intervened by adding P450 billion,” he said.

He expressed dismay that with the insertions in the unprogrammed funds, Congress was “feeling like the executive branch.”

“Our legislators have been thinking so many initiatives, which they worked out to insert in the budget,” he said.

Meanwhile, Marcos may sign the 2024 national budget on Wednesday, according to Speaker Martin Romualdez.

In an interview in Tokyo, Romualdez said the president would sign the 2024 General Appropriations Act (GAA) a day after arriving from Japan after the 50th Commemorative Association of Southeast Asian Nations-Japan Friendship and Cooperation Summit.

“It’s ready for, I think Wednesday. Wednesday will be the signing,” he said.

Romualdez said, however, that printing the necessary documents was still underway.

A major point of contention in the 2024 budget was the proposed confidential funds of the Office of the Vice President and the Department of Education, both headed by Vice President Sara Duterte.

Marcos, however, said the matter has been “settled.”

“That was actually the initiative of the vice president … so I think as far as I’m concerned it is a settled issue,” he said.