Philippines Congress Debates Constitutionality of Unprogrammed Appropriations

A debate is brewing in the Philippines Congress over the constitutionality of "unprogrammed appropriations" (UA), with a senior House Deputy Minority Leader urging a halt to funding until the Supreme Court (SC) makes a ruling. Representative Leila M. de Lima stated that as long as the SC has not resolved the issue, opportunities for corruption in the budget, similar to past anomalous flood control projects, will persist. "Until the Supreme Court resolves this issue, we will continue to call Congress not to allocate funds for it. Truly necessary items should be included in the National Budget, while others should go through special appropriations that will still undergo scrutiny by Congress," Ms. de Lima said. This call comes after President Ferdinand R. Marcos, Jr.'s Cabinet approved the Department of Budget and Management's (DBM) proposed 2027 National Expenditure Program (NEP). The proposed budget for 2027 stands at P7.200 trillion, a 6% increase from the current year's budget. Over the past three years, petitions have been filed before the SC questioning the legality of unprogrammed appropriations and alleged unconstitutional budget amendments within the General Appropriations Acts for 2024, 2025, and 2026. Ms. de Lima criticized the use of unprogrammed funds as a grave abuse of discretion, amounting to an undue delegation of Congress's power of the purse to the Executive. The DBM maintains that UA is constitutional and can only be released under conditions specified by law. Analysts suggest that greater transparency throughout the budget process is crucial to insulate the proposed 2027 budget from legal challenges. Michael Henry Ll. Yusingco, a senior research fellow at the Ateneo Policy Center, stressed the need for public participation from the budget call stage and greater transparency. Ederson DT. Tapia, a political science professor at the University of Makati, advocated for institutionalizing transparency by publishing all congressional amendments in real time, identifying proponents and justifications, and making bicameral deliberations publicly accessible. He also called for a publicly accessible comparison between the Executive's proposed NEP and the final General Appropriations Act to trace all insertions, deletions, and fund realignments. Joy G. Aceron, convenor-director at transparency advocacy group G-Watch, emphasized the importance of prioritization and accountability given the government's limited fiscal space next year. She recommended that the DBM use Commission on Audit findings to identify programs vulnerable to inefficiency and corruption during budget preparation. Ms. Aceron expressed hope that unprogrammed appropriations would be removed from the proposed 2027 budget.