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Plaintiffs challenge P150.9-billion unprogrammed funds at high court
Business World Philippines
|January 09, 2026
HOUSE MINORITY lawmakers on Thursday asked the Supreme Court (SC) to nullify the P150.9-billion unprogrammed appropriations in the 2026 national budget over constitutionality questions, arguing its inclusion amounted toa grave abuse of discretion.
‘The petition for certiorari and prohibition was filed by Caloocan Rep. Edgar R. Erice and Party-list Rep. Leila M. de Lima, seeking to nullify the unprogrammed funds under the 2026 General Appropriations Act (GAA), which President Ferdinand R. Marcos, Jr. signed into law on Jan. 5.
“There is already a ripe and actual justiciable controversy because the budget has been approved and signed into law. It can always be implemented anytime by the Executive,” Ms, de Lima told reporters in mixed English and Filipino.
“That’s why we filed a petition for certiorari and prohibition. Certiorari because there’s a grave abuse of discretion and prohibition to stop the Executive, particularly the Executive secretary and the Budget secretary, from implementing the unprogrammed funds.”
‘The lawmakers asked the SC to issue a temporary restraining order to stop the implementation of the questioned appropriations, which they claimed to be unconstitutional.
Unprogrammed appropriations were “standby” funds that may only be released if specific fiscal conditions are met.
The Department of Budget and Management (DBM) has said these funds are intended to support priority programs and projects that cannot yet be fully programmed due to uncertainties in revenue inflows.
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