NO INFIRMITIES? | DBM stands by constitutionality of unprogrammed funds in national budget

January 17, 2024 , 03:26 PM

By Beatrice Puente

(January 17, 2024) – The Department of Budget and Management (DBM) on Wednesday reiterated the constitutionality of the additional unprogrammed funds in the 2024 General Appropriations Act (GAA) after a group of lawmakers filed a petition before the Supreme Court to question the excess allocation.

DBM secretary Amenah Pangandaman nonetheless welcomed the challenge filed by Albay Rep. Edcel Lagman and his two other colleagues to settle the matter.

“In our definition, hindi siya unconstitutional. Kasi hindi siya kasama sa talagang budget. Mangyayari lang siya kapag may certain triggers na mangyayari. ‘Yan ‘yung understanding namin,” said Pangandaman during a media forum, citing excess government revenue as one of the factors when these excess funds may be used.

Lagman, alongside Camarines Sur Rep. Gabriel Bordado Jr. and Basilan Rep. Mujiv Hataman, filed a petition seeking to nullify the P450 billion worth of additional unprogrammed funds inserted into this year’s national budget on top of the P281.9 billion that was originally sought by the executive department.

According to them, the extra budget was unconstitutional for violating Article VI, Section 25, which prohibits Congress from increasing the president’s requested appropriation under the National Expenditure Program. Lagman’s group added that the defect was worsened by the President Bongbong Marcos Jr.’s non-veto of this item but it can nevertheless be corrected.

“This constitutional challenge before the honorable Supreme Court is to cleanse the GAA of a fatal defect and give guidance to Congress and the President in the future budget considerations,” read the petition.

Pangandaman explained that they cannot automatically release the standby funds without any certification from the Bureau of Treasury. She added that this was done in the release of an additional P7 billion allocation for the health emergency allowance of eligible healthcare workers last year.

Unprogrammed funds, based on the definition provided by the DBM, refer to appropriations with no definite source of funding yet.

“Unprogrammed appropriations are those which provide standby authority to incur additional agency obligations for priority programs or projects when revenue collection exceeds targets and when additional grants or foreign funds are generated,” according to the DBM.

Even the Malacañang assured that they are ready to respond to any questions on unprogrammed funds.

“The executive department will answer accordingly if required by the Supreme Court,” said Presidential Communications Office secretary Cheloy Garafil.

Another critic of the unprogrammed funds, Sen. Koko Pimentel III asserted that the increase in standby appropriations unduly expands this year’s P5.768 trillion national budget. He also vowed to file a petition on the matter before the Supreme Court.

Lagman’s group expressed hope that the high court will issue a temporary restraining order to restrain the government “from funding, releasing, and implementing the constitutionally infirm excess appropriation of P449.5 billion.”

“The unconstitutional act complained of, if not restrained before the matter can be heard on notice pending litigation, will result in grave injustice to the petitioners,” added the petition.

(PM)

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