SolGen tells SC: Budgeting under executive, Congress

MANILA, Philippines — The Supreme Court (SC) should leave to the President and Congress the crafting of the national budget, according to the Office of the Solicitor General (OSG).

In a motion for clarification and partial reconsideration filed last week, the OSG argued that the high court violated the principle of separation of powers.

Conditions on how future national budgets would comply with constitutional standards were laid down by the SC after declaring the unconstitutionality of the 2024 and 2025 budgets and provisions in the 2026 budget.

The OSG appealed to the SC to clarify that its conditions “may inform the work of the political branches,” but “the choice of safeguards within those bounds and the responsibility to the people for the choices made must remain with the branches to which the Constitution entrusted them.”

Included in the SC’s “conditions” were a ban on lump sums in unprogrammed funds, a “clear differentiation” on programmed and unprogrammed appropriations, Congress “prescribing sufficient standards for prioritization when there is more than one purpose under unprogrammed appropriations” and the provision for unprogrammed funds should be “within the national fiscal program.”

In its motion, the OSG argued the SC “should not extend to prescribing what Congress must include in future General Appropriation Bills (GABs) or imposing additional conditions for the release of funds for programs, activities and projects under unprogrammed appropriations,” which it maintained should be left to “Congress’ legislative discretion, subject to constitutional limitations.”

House-CSO partnership

Meanwhile, the People’s Budget Coalition has welcomed Speaker Faustino Dy III’s commitment to greater transparency in the national budget process, signaling a constructive partnership between the House of Representatives and civil society organizations advocating public accountability in government spending.

Kenneth Isaiah Ibasco Abante, a member of the coalition, thanked Dy for meeting with budget watchdogs and acknowledging areas where the House could improve its procedures for scrutinizing and disclosing government projects.

The development marks a significant shift toward constructive engagement between lawmakers and civil society groups that have raised questions about project documentation, technical descriptions and amendments in the proposed P6.793-trillion national budget for 2027.

P38.2 billion education subsidy

Congress has earmarked P38.2 billion in the 2027 national budget for 2.3 million poor and disadvantaged students’ enrollment in private schools.

“The subsidies will give underprivileged students a greater opportunity to continue their education despite their families’ financial difficulties and the limited capacity of public schools,” Rep. Marcelino Libanan said. — Delon Porcalla, Miriam Desacada