Drilon: Congress must clarify SC ruling on unprogrammed funds

MANILA, Philippines — Former Senate President Franklin Drilon on Thursday urged Congress to clarify the Supreme Court’s ruling on unprogrammed appropriations, particularly provisions that may infringe on its constitutional authority over budgeting.

The SC, in its decision declaring key provisions of the 2024, 2025, and 2026 national budgets unconstitutional, prescribed conditions that unprogrammed appropriations must meet to be constitutional.

“Seeking clarification is appropriate because the ruling, as currently written, may go beyond constitutional review by prescribing fiscal conditions that, under the 1987 Constitution, should be left to the best judgment of Congress,” Drilon said in a statement.

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READ: SC: ‘Bloated’ unprogrammed funds in nat’l budget ‘unconstitutional’

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Drilon served as amicus curiae during the SC proceedings, where he recognized the flaws in unprogrammed appropriations.

He still noted that Congress itself should determine the standards through which unprogrammed appropriations may be institutionalized and enacted.

“Congress determines appropriations and their lawful conditions. The Executive implements the budget within those conditions. Both functions remain subject to the Constitution,” he explained.

The Office of the Solicitor General (OSG) said it would seek clarification on the safeguards for unprogrammed appropriations under the SC ruling.

Senate finance chairperson JV Ejercito, who will also sponsor the 2027 General Appropriations Act, expressed support for the OSG’s effort to understand the rules laid out by the SC. /mcm