Mamamayang Liberal party-list Rep. Leila de Lima and Caloocan Rep. Edgar Erice on Thursday filed before the Supreme Court a joint petition seeking to declare as unconstitutional the unprogrammed appropriations in the 2026 national budget.
This as President Marcos vetoed nearly P92.5 billion of unprogrammed appropriations in the 2026 General Appropriations Act (GAA) which he enacted last Monday.
The petition cited alleged violations of the Constitution, with De Lima also saying the presence of the unprogrammed funds undermines Congress’ power of the purse.
It aimed to nullify Section XLIII of the GAA and sought the immediate issuance of a temporary restraining order and other injunctive reliefs to halt the implementation of the assailed provisions pending resolution of the case.
According to De Lima and Erice, unprogrammed appropriations allow the use of public funds without clear and existing sources of financing, in violation of the Constitution and effectively creating a “budget within a budget.”
They asserted that this poses a serious threat to transparency, accountability, and the balance of powers in government.
The plea listed alleged multiple violations of constitutional limitations governing public expenditures, among them Article VII, Section 22 which requires that the President’s proposed budget as the basis of the General Appropriations Act.
Another was Article VI, Section 25(4) which mandates that contingent or special appropriations should be supported by funds actually available, as certified by the National Treasurer, or by a corresponding revenue proposal.
A third violation was Article VI, Sections 24 and 25 which limit Congress’ power of appropriation and preserve the constitutional separation between legislative appropriation and executive execution by restricting Congress from increasing the President’s budget recommendations.
The petition likewise cited Article VI, Section 29(1) which restricts the disbursement of public funds to constitutionally valid appropriations, and Article VI, Section 25(2) which prohibits riders in the GAA.
Unprogrammed appropriations refer to funding that can be utilized if certain conditions are met, including the presence of revenue beyond projections, according to the Department of Budget and Management (DBM).
While unprogrammed appropriations have been around since 1989, they noticeably increased over the years, according to Erice, who noted the it in the 2016 at only at P67 billion.
This was ostensibly bloated to over P700 billion in 2024.
Unprogrammed appropriations are down to P150.9 billion for 2026 following the President’s decision to veto P92.5 billion worth of projects.
According to Erice, vital items in the National Expenditure Program (NEP) were removed, but were replaced in the unprogrammed funds, allegedly leading to “ghost” and substandard projects.
“‘Our subway project, because they put it in the unprogrammed funds, will be delayed by four years,” he noted.
If funding were really needed, these should be placed as programmed appropriations, De Lima argued.
As for any excess revenue, De Lima suggested special appropriations as an alternative.
The petition sought to prohibit the implementation of unprogrammed appropriations for having been implemented “with grave abuse of discretion amounting to lack or excess of jurisdiction.”
Editor’s Note: This is an updated article. Originally posted with the headline: “Erice, De Lima challenge unprogrammed funds”
