Koko: 2024 budget bill 'unconstitutional' after P450-B hike in unprogrammed funds

Senate Minority Leader Aquilino “Koko” Pimentel III on Wednesday tagged the final version of the bill containing the 2024 national budget as unconstitutional after the bicameral conference committee allocated some P450 billion in additional unprogrammed funds.

"'Yung reported niyong total na P5.7 [trillion], dagdagan niyo ng P450 [billion] 'yan kasi d'yan sa P5.7 [trillion] na 'yan kasama na d'yan 'yung P281 [billion originally proposed] na unprogrammed [funds]. [The current version of the budget bill] umabot ng P6 [trillion],” Pimentel said in an interview with reporters.

"Compliant ba 'yan sa Constitution? Ang sabi ng Constitution sa atin, Congress may approve the appropriations proposed by the President for the operations of the government, but it cannot increase the appropriations. Congress can maintain the appropriations or reduce the appropriations, but it cannot increase the appropriations,” he added.

According to the data shared by Pimentel's office, the total national budget for 2024 under the final version of the General Appropriations Bill (GAB) is at P6.498 trillion composed of: 

• P4.019 trillion programmed funds
• P731 billion unprogrammed funds
• P1.748 trillion automatic appropriations

The Department of Budget and Management (DBM) defines unprogrammed appropriations as those which provide standby authority to incur additional agency obligations for priority programs or projects when revenue collection exceed targets, and when additional grants or foreign funds are generated while are appropriations with definite/identified funding as of the time the budget is prepared.

A summary of the final version of the 2024 GAB shows a P449.540 billion increase in total new appropriations allocated under unprogrammed appropriations after the bicameral conference.

Before the 2024 GAB was ratified in the Senate, Pimentel questioned the increase of unprogrammed funds from P281.9 billion as proposed in the National Expenditures Program (NEP) to P731.4 billion in the final version of the spending plan.

Pimentel said this is not the first time that the national budget has reached P6 trillion due to increase in unprogrammed funds.

"Actually, itong 2023 tinawag ko na 'tong the first P6 trillion budget kasi you did not see the unprogrammed. Actually, 2024 will be the second P6 trillion budget," he said.

Since the Executive Branch only proposed P281.9 billion under the P5.767-trillion NEP, Pimentel said, "Hindi ba 'yun violative sa Constitution? Bawal po sa Constitution 'yun because it is the Executive which starts the budget."

"Saan galing ngayon this P450 billion worth of projects or programs or activities na nasa unprogrammed appropriations? Hindi na nanggaling 'yan sa Executive Branch… Ang nangyari binigyan ng Kongreso ang Executive Branch ng authority to spend an amount even greater than hiningi ni Executive Branch. It's as simple as that, unconstitutional,” he said.

Pimentel, a lawyer, explained that the 1987 Constitution used the word "appropriations" in prohibiting the increases in the total amount of the national budget but still unprogrammed appropriations is still an appropriation.

Pimentel said this can be questioned before the Supreme Court, but added that he will let lawyers from civil organizations file petitions before initiating one.

GMA News Online sought the comment of Senate finance committee chairman Senator Sonny Angara regarding Pimentel's statement but he has yet to respond as of posting time.

Earlier, Angara explained that unprogrammed funds increased to "carve out" fiscal space in the programmed appropriation for other items that are proposed by the lawmakers in the Senate and the House of Representatives.

Pimentel did not give a categorical answer when asked if this is the new discretionary funds of the lawmakers. —KBK, GMA Integrated News