Lawmakers question extra P449B unprogrammed funds in 2024 national budget

Opposition lawmakers, led by Albay Representative Edcel Lagman, have asked the Supreme Court to prevent the government from using the P449.5 billion unprogrammed funds in the 2024 General Appropriations Act (GAA).

In a 27-page petition filed on Monday, petitioners Lagman, Camarines Sur Rep. Gabriel Bordado, and Basilan Rep. Mujiv Hataman sought a temporary restraining order or a writ of preliminary injunction to restrain the respondents from funding, releasing, and implementing the excess appropriation.

They also asked the SC to nullify the excess in unprogrammed appropriations embedded in the 2024 GAA.

Aside from this, the petitioners asked for a writ of prohibition that would stop the respondents and others acting on their behalf from funding, releasing, and implementing the excess items.

According to the petitioners, the Constitution prohibits Congress from exceeding the totality or ceiling of the appropriations proposed by the President in the National Expenditure Program (NEP).

The petitioners said this constitutional prohibition also bans Congress from increasing the amount proposed by the President for both programmed and unprogrammed appropriations.

“The President’s utter failure to veto the excess items aggravated the constitutional defect,” they said.

“Consequently, this constitutional challenge before the Honorable Supreme Court is to cleanse the GAA of a fatal defect and give guidance to the Congress and the President in the future budget considerations,” they added.

Aside from this, they said that the unprogrammed appropriations are essential components of the total national expenditures.

“If unprogrammed appropriations are increased beyond the ceiling imposed by the President, their subsequent funding and release, whether righteous or contrived, will balloon the government’s expenditures beyond the fiscal program,” they said.

Further, the petitioners said that the excess is “tainted with grave abuse of discretion amounting to lack or excess congressional jurisdiction” and must be nullified.

Named as respondents were the Senate of the Philippines, represented by Senate President Juan Miguel Zubiri; the House of Representatives, represented by Speaker Ferdinand Martin Romualdez; and Senator Sonny Angara; Rep. Elizaldy Co.

Other respondents were Executive Secretary Lucas Bersamin, who was impleaded on behalf of President Ferdinand Marcos Jr, and Budget Secretary Amenah Pangandaman; and National Treasurer Rosalia De Leon.

Meanwhile, Presidential Communications Office (PCO) Secretary Cheloy Garafil said the executive department would answer the petition if required by the Supreme Court.—AOL, GMA Integrated News