Marcos vetoes three budget items for 2023

President Ferdinand "Bongbong" Marcos Jr. has rejected three provisions in the P5.268-trillion national budget law for 2023, including the use of revolving funds for DepEd TV of the Department of Education.

In his veto message, Marcos said the vetoed provisions do not relate to any particular appropriation and would effectively amend substantive laws.

Marcos vetoed DepEd-Office of the Secretary (OSEC), Special Provision No. 4, “Revolving Fund of DepEd TV,” Volume I-A, Page 197, saying there is no law authorizing DepEd to establish a revolving fund for the purpose.

"Moreover, the DepEd TV is not a business-type activity of the DepEd, which may be considered within the contemplation of the General Provision on Revolving Funds in the FY 2023 GAA, which permits the establishment of a revolving fund from receipts derived from business-type activities," he said.

DepEd TV, which is DepEd's platform for multimedia classes, has broadcasted quick tips about COVID-19 to keep students informed on the safety protocols amid the pandemic.

Tourism campaign

Marcos also vetoed the proviso “in no case shall the appropriations be utilized to change the tourism campaign slogan” under DOT-OSEC, Special Provision No. 4, “Branding Campaign Program,” Volume I-B, page 313, inasmuch as it intends to limit the exercise of the functions of the Executive Branch in implementing RA No. 9593 (The Tourism Act of 2009).

Under RA 9593, the DOT is mandated to be the primary planning, programming, coordinating, implementing and regulatory government agency in the development and promotion of the tourism industry, both domestically and globally.

Marcos said the agency is tasked to promote tourism as an engine of socioeconomic and cultural growth in the country.

DOLE-NLRC

Meanwhile, Marcos also vetoed the Department of Labor and Employment (DOLE)-National Labor Relations Commission (NLRC), Special Provision No. 1, “Use of Income,” Volume 1-A, Page 1157.

He reasoned out that the subject income already forms part of the revenue and financing sources of the Fiscal Year (FY) 2023 National Expenditure Program, which he submitted earlier to Congress pursuant to the mandate under Section 22, Article VII of the 1987 Constitution, "requiring the Chief Executive to submit to Congress within 30 days from the opening of every regular session, as the basis of the general appropriations bill, a budget of expenditures and sources of financing, including receipts from existing and proposed measures."

"Relatedly, Section 65 of Presidential Decree No. 1445 (Government Auditing Code of the Philippines), as reiterated in Section 44, Chapter 5, Book VI of Executive Order No. 292, series 1987 (Administrative Code of 1987), provides that unless otherwise specifically provided by law, income accruing to the agencies by virtue of the provisions of the law, orders and regulations shall be deposited in the National Treasury or in any duly authorized government depository and shall accrue to the unappropriated surplus of the General Fund of the government," said Marcos.

He added that "Section 66 of PD No. 1445 and Section 45, Chapter 5, Book VI of EO No. 292 prescribe that receipts shall be recorded as income of Special, Fiduciary or Trust Funds or Funds other than the General Fund only when authorized by law."

According to Marcos, the NLRC is not granted authority to use its income under existing laws.

Conditional implementation

Marcos also subjected the implementation of some special and general provisions to specified conditions to ensure conformity with existing laws, policies, rules and regulations.

He said the grant of transportation and teaching aid allowances under DepEd-OSEC, Special Provision No. 29, "Alternative Learning System," Volume I-A, page 201, shall be implemented subject to guidelines issued by the DepEd, in coordination with the Department of Budget and Management.

Further, Marcos said the grant of honoraria under the Department of Health-OSEC, Special Provision No. 21, "Grant of Honoraria to Members of Special, Technical, and Advisory Committees, Working Groups, and Councils Convened by the DOH in Support of UHC Implementation and its Strategic Operations," Volume I-A, page 971, the corresponding guidelines to be issued jointly by DOH and DBM shall be in accordance with the General Provision on Honoraria in this Act.

When it comes to the utilization of funds for prior years' claim, Marcos said he is placing the Department of Social Welfare and Development-OSEC, Special Provision No. 1, "Pantawid Pamilyang Pilipino Program," Volume I-B, pages 260-261, under conditional implementation to ensure that the release of funds for the purpose shall cover the legitimate claimants entitled to assistance under the 4Ps in the years 2017 and 2018 as validated by the Commission on Audit.

On December 16, Marcos signed into law the national budget for 2023, saying that its passage “defines and gives muscle” to the roadmap intended for next year.

Marcos said the swift passage of the budget is significant because it was “fully supported” by the legislature. —KBK, GMA Integrated News