Erice to file SC petition if Marcos doesn't veto unprogrammed funds in 2026 budget

House Senior Deputy Minority Leader Rep. Edgar Erice said Sunday he would file a petition before the Supreme Court questioning the constitutionality of what he said are unprogrammed funds in the 2026 national budget if President Ferdinand Marcos Jr. does not veto them.

Erice made the statement during an interview on Super Radyo dzBB, as the President is set to sign the P6.793-trillion national budget for 2026 in the first week of January.

Citing Associate Justice Ramon Paul Hernando, Erice said unprogrammed appropriations are unconstitutional.

“Ang aking problema yung constitutionality ng unprogrammed appropriations at kung hindi yan ive-veto ng Presidente, nakahanda yung legal team ko, kasalukuyan kaming gumagawa ng draft, nung petition sa Supreme Court,” Erice said.

(My problem is the constitutionality of the unprogrammed appropriations, and if the President does not veto it, my legal team is ready to file a petition before the Supreme Court.)

The lawmaker pointed out that even if the 2026 budget is more organized than the previous three budgets, it still contains unprogrammed appropriations that should not be included.

“Halimbawa, 'yung retirement ng mga teachers, dapat mandatory yun. ‘Yung increase ng mga teachers. Dapat sa programmed fund iyun,” Erice said.

(For example, teachers’ retirement benefits should be mandatory. Salary increases for teachers should be in the programmed funds.)

Unprogrammed appropriations are budget items that will only be funded if there is excess government revenue and other funding sources, such as loans or special laws.

On January 29, the House of Representatives and the Senate ratified the bicameral conference committee report outlining the P6.793-trillion national budget for fiscal year 2026, which includes P243 billion in unprogrammed funds. — RF, GMA Integrated News