NOT UNCONSTITUTIONAL. Budget Secretary Amenah Pangandaman speaks at the Kapihan sa Manila Bay Forum in Manila on Wednesday (July 17, 2023). At the forum, she said there is nothing unconstitutional with the inclusion of unprogrammed funds in the 2024 General Appropriations Act. (PNA photo by Yancy Lim)
MANILA – There is nothing unconstitutional with the inclusion of unprogrammed funds in the 2024 General Appropriations Act (GAA), Budget Secretary Amenah Pangandaman said Wednesday.
“Our definition, hindi po siya unconstitutional kasi nga po hindi po siya kasama doon sa talagang budget (it is not unconstitutional because it is not included in the actual budget),” Pangandaman said during the Kapihan sa Manila Bay Forum, when asked about the constitutionality of the unprogrammed appropriations.
Reps. Edcel Lagman (Albay 1st District), Gabriel Bordado (Camarines Sur 3rd District), and Mujiv Hataman (Basilan) on Tuesday filed a petition before the Supreme Court (SC) questioning the legality of the PHP449.5-billion increase in unprogrammed funds under the 2024 national budget.
The opposition lawmakers asked the SC to issue a temporary restraining order or writ of preliminary injunction to prevent the release of the unprogrammed funds.
Congress raised the unprogrammed appropriations under the 2024 GAA by PHP449.5 billion from the proposed to PHP281.9 billion to PHP731.5 billion.
Pangandaman, however, noted that there was also an increase in the unprogrammed funds in the past years.
She said the unprogrammed appropriations would only be released if there are “certain triggers.”
“Meron din po noong previous years. Nagkaroon din po ng increase (It was also done in previous years. There was also an increase),” Pangandaman said.
“Hindi naman po siya automatically released just like noong sinasabi ko kanina na day one nilalabas namin agad ang budget para magastos. Ito po, hindi kasi hihintayin pa po natin kung merong additional revenue kasi kung walang cover, wala po tayong pagkukuhanan (It is not automatically released just like what I said earlier that we immediately release the budget on day one to spend it. This is not applicable to this one because we will wait if there is additional revenue because if there is no cover, we will have nothing),” she added.
Pangandaman earlier said should there be new or excess revenues that may trigger the availability of unprogrammed funds, government agencies are required to submit necessary documents because they could have access to the standby funds.
Lagman, Bordado, and Hataman argued that the “unconstitutional act” to insert the PHP449.5 billion on top of the PHP281.9 billion originally requested by the Executive branch is “tainted with grave abuse of discretion amounting to lack or excess of congressional jurisdiction.”
Communications Secretary Cheloy Garafil on Tuesday said the Executive branch is ready to defend the constitutionality of the unprogrammed funds, in case the SC asks for its position on the matter.
Meanwhile, Bordado has vehemently denied being one of the outright signatories of the petition seeking to nullify the additional unprogrammed funds.
He disclosed that while he was still reviewing the petition, a senior staff member sent his e-signature to the office of Lagman without his approval, leading the latter to presume he fully supported the petition.
Bordado said he was still scrutinizing the entire petition, wanting to raise key points, particularly on safeguarding the unprogrammed funds to ensure they benefit economic growth and do not derail the momentum of post-Covid recovery programs.
"I am definitely for upholding the Constitution, and I ask my fellow representatives to protect our Constitution at all times," he said on Wednesday.
As members of Congress, he said, each one of them has the duty to preserve the integrity of the institution they represent.
Bordado agreed in questioning the constitutional soundness of the additional unprogrammed funds.
He, however, said they should let the Supreme Court decide whether or not it is within the bounds of the Constitution.
He added that unprogrammed funds might be necessary to sustain the momentum of the country’s economic activities. (With a report from Filane Mikee Cervantes/PNA)
