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OSG Seeks Supreme Court Review on Budget Ruling to Empower Congress, Executive

Manila:The Office of the Solicitor General (OSG) is set to request the Supreme Court (SC) to review aspects of its ruling on the national budgets for 2024, 2025, and 2026. The OSG argues that Congress and the executive should be permitted to address budgetary issues within their constitutional powers.

According to Philippines News agency, Solicitor General Darlene Marie Berberabe expressed respect for the Court's decision that unprogrammed appropriations are not unconstitutional by default. However, she emphasized the need for clarification on safeguards related to the 2026 budget's implementation.

The OSG aims to determine which constitutional safeguards are necessary and which should be the responsibility of Congress and the executive, who have distinct authority to enact and implement the national budget. Berberabe highlighted that certain budget provisions questioned by the Court have already been revised by Congress and the executive, such as changes to lump-sum appropriations and the removal of specific provisions from the 2026 budget.

Berberabe further stated that the political branches have demonstrated their ability to self-correct budgetary issues, noting that the Constitution grants them the power of the purse. She also mentioned potential concerns of "judicial overreach" in the SC's decision.

Recently, the Supreme Court ruled that unprogrammed funds in the 2024 and 2025 budgets were unconstitutional due to changes in appropriations and invalidated specific provisions in the 2026 General Appropriations Act. The Court mandated that unprogrammed appropriations could only be released under certain conditions, such as excess revenue collections aligning with revenue targets.

Berberabe noted that the OSG is carefully examining the justices' opinions before seeking further clarification and review. Additionally, the executive's 2027 budget proposal includes a significant reduction in unprogrammed appropriations. Unprogrammed appropriations are standby funds released only under specific conditions, unlike programmed appropriations, which have defined funding sources for government initiatives.