SC urged to strike down unprogrammed appropriations

Petitioners on Tuesday asked the Supreme Court to abolish unprogrammed appropriations (UA) as a measure to curb alleged “manipulation” of budget items under the General Appropriations Act (GAA).

“Tanggalin po ang kabuuan ng unprogrammed appropriations sapagkat ito po ang nagiging lipatan o nagbibigay ng puwang upang ma-manipula ang mga items at mga uri ng budget items sa ating GAA,” said Vaupetroanji Peña, counsel for petitioner Caloocan 2nd Dist. Rep. Edgar Erice.

(All unprogrammed appropriations should be removed, as they serve as a transfer mechanism or provide a loophole that allows manipulation of budget items in our GAA.)

Peña made the statement during the interpellation of Associate Justice Samuel Gaerlan in oral arguments on the legality of unprogrammed appropriations in the 2024, 2025, and 2026 national budgets.

The consolidated petitions also include cases filed by former Albay 1st Dist. Rep. Edcel Lagman, former Sen. Aquilino “Koko” Pimentel III, and the Filipinos for Peace, Justice and Progress Movement Inc. with Congress, the Office of the Executive Secretary, and the House of Representatives and as respondents, respectively.

According to Peña, there is need to distinguish between programmed and unprogrammed funds, saying all budget items originate from the President’s Cabinet recommendations.

“Hindi na po natin kailangang magkategorya kung ano man ang ilalagay natin sa programmed o unprogrammed dahil ang pagtingin po namin dito ay kung ano man ang sabihin ng pangulo na mula sa pag-aaral ng kanyang gabinete, ito ay mahalaga at may pantay-pantay na kahalagahan at makapagbibigay ng tulong upang iangat ang buhay ng ating mga kababayan,” Peña said.

(There is no need to categorize appropriations as programmed or unprogrammed, as whatever the President, based on his Cabinet’s assessment, deems important should be treated with equal importance and can help improve the lives of our citizens.)

She added that safeguarding the national budget requires adherence to the budget ceiling, with additional funding coursed through special appropriations.

Meanwhile, Solicitor General Darlene Berberabe said increases in UA allocations tend to become more evident during or after periods of crisis.

“Ang isa pong paliwanag sa amin ng mga ekonomista at technical expert ay ito lalong naging evident pagkatapos ng krisis, kagaya noong huling bahagi po ng termino ni Presidente Duterte at noong 2022–2028, in-adopt po ng Ehekutibo ang medium-term fiscal framework na in-adopt din naman po ng Joint Congress," she said.

"’Yun ang ginamit na balangkas sa budget na ipinapasa po ng Kongreso,” Berberabe added.

(Economists and technical experts explained that this became more evident after a crisis, such as in the latter part of President Duterte’s term and in 2022–2028, when the Executive adopted a medium-term fiscal framework, which was also adopted by Congress and used as the basis for the budget.)

To recall, the COVID-19 pandemic struck in 2020 during the latter years of the Duterte administration.

The next oral arguments are scheduled for June 16.—MCG, GMA News