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​WHY SC STRIKES DOWN UNPROGRAMMED FUNDS: The ₱449B Budget Overreach Explained! ##attybuenoexplains

Atty. Bueno (The Law & Beyond)

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​WHY SC STRIKES DOWN UNPROGRAMMED FUNDS: The ₱449B Budget Overreach Explained! ##attybuenoexplains

24 927 просмотров · 2 дня назад
Atty. Bueno (The Law & Beyond)
221 тыс. подписчиков
24 927 просмотров · 2 дня назад
The issue regarding the unconstitutionality of unprogrammed funds centers on legislative overreach, budget distortion, and lack of transparency in the national budget. ​The core aspects of the Supreme Court's ruling include: ​Violation of the Budget Ceiling: Under Article VI, Section 25(1) of the 1987 Constitution, Congress cannot increase the total budget recommended by the President. In passing the 2024 national budget, the Bicameral Conference Committee added ₱449.5 billion to unprogrammed appropriations. The Supreme Court ruled that unprogrammed funds form part of total appropriations; thus, increasing them beyond the President's proposed National Expenditure Program (NEP) is unconstitutional. ​Creation of "Artificial Fiscal Space": To fund the addition to unprogrammed funds, Congress transferred regular line items out of programmed appropriations. This created an artificial gap in the regular budget, allowing lawmakers to insert unprogrammed allocations that distorted national spending priorities. ​Prohibited Lump-Sum Appropriations: Certain unprogrammed allocations (such as SAGIP) functioned as post-enactment lump sums. The Court ruled that lump-sum standby funds give the Executive unchecked, post-enactment spending authority without clear legislative prioritization, violating constitutional standards of fiscal discipline and transparency. ​The SC Verdict: Unprogrammed funds are not unconstitutional per se. They are valid standby mechanism contingent on excess revenue. However, they become unconstitutional when Congress increases their total beyond the President's proposal, when they lack clear standards and prioritization, or when they operate as post-enactment lump sums.