Malacañang has directed the Office of the Solicitor General to file a motion for reconsideration of the Supreme Court’s ruling declaring unprogrammed appropriations in the 2024 and 2025 General Appropriations Acts unconstitutional, along with certain provisions in the 2026 national budget.
Palace Press Officer Claire Castro said the Supreme Court itself clarified that unprogrammed appropriations are not inherently illegal and remain a legitimate government funding mechanism.
Castro said the Marcos administration had followed a policy established and authorized by Congress since 2015.
However, Malacañang respectfully disagrees with the new conditions imposed by the high court, according to Castro.
Under the ruling, the government must first exceed its overall revenue target before it can use unprogrammed appropriations.
The Palace expressed concern that this requirement could affect Congress’ authority to formulate the national budget.
It also warned that the restriction could render the funding mechanism ineffective or unusable for important government programs and public services.
Unprogrammed appropriations are included in national budgets as funding that may be used when specified conditions are met. The Supreme Court ruling addressed the constitutionality of provisions governing their use in the 2024 and 2025 budgets, as well as certain provisions in the 2026 budget.
The administration’s move to seek reconsideration gives the Office of the Solicitor General the task of asking the high court to revisit its decision.
The Palace’s position centers on whether the revenue threshold imposed by the ruling could limit the government’s ability to use the funding mechanism and affect Congress’ budget-making authority.
The motion for reconsideration seeks a review of the court’s ruling. The supplied statement did not specify when the OSG would file the motion or provide further details about the administration’s planned legal arguments.
