Solicitor General Darlene Marie Berberabe clarified before the Supreme Court that the President’s approval is not required for the release of funds under unprogrammed appropriations in the 2024 and 2025 General Appropriations Act (GAA).
Berberabe made the statement as the Supreme Court conducted the second round of oral arguments on petitions questioning the legality of unprogrammed appropriations and special accounts included in the national budget.
During questioning by Senior Associate Justice Marvic Leonen, Berberabe explained that the GAA itself grants authority to the secretary of the Department of Budget and Management (DBM) to approve and implement the release of unprogrammed funds, even without direct approval from President Ferdinand Marcos Jr.
The discussion also revealed that a significant portion of the unprogrammed funds under the 2024 GAA reportedly came from excess funds of the Philippine Health Insurance Corporation (PhilHealth) and the Philippine Deposit Insurance Corporation (PDIC).
However, the Solicitor General clarified that such funding sources are no longer present in the 2025 and 2026 national budgets.
Several budget experts were also present during the oral arguments as amici curiae. Among them were former National Economic and Development Authority (NEDA) Secretary Winnie Monsod, former Senate President Franklin Drilon, and former DBM Secretary Benjamin Diokno.
Former congressman Joey Salceda was also included among the resource persons invited to share their views on the legal and fiscal issues raised in the petitions.
The Supreme Court continues to deliberate on the petitions challenging the legality of the questioned budget provisions.
