MANILA, Philippines — President Ferdinand Marcos Jr., through the Office of the Solicitor General (OSG), will seek clarification on the limits and "guardrails" set by the Supreme Court for the exercise of the budget power amid concerns over the execution of projects under the 2026 national budget.
Solicitor General Darlene Marie Berberabe said the OSG would appeal for a review of certain parts of the Supreme Court decision declaring some unprogrammed appropriations (UAs) in the 2024 to 2026 national budgets unconstitutional.
"Now, there is something that the President, in particular, wants to clarify because the execution of the budget will be affected," Berberabe said in Filipino.
In a press briefing, Berberabe said the OSG respected the decision and welcome the Court's "primary ruling that unprogrammed appropriations, as a budgeting mechanism, are not unconstitutional."
She said the OSG agreed that guardrails were important to ensure transparency, accountability, and the prudent use of public funds.
"Nevertheless, the challenge lies in determining which of these guardrails are mandated by the Constitution and which should be left to Congress and the Executive branch in accordance with the powers granted by the Constitution itself," Berberabe said.
"The OSG will respectfully request clarification to ensure that the limits and standards set in the decision conform to the separation of these powers under the Constitution," she said in Filipino.
Berberabe said the budget phases or processes vary. "The responsibility of the executive branch is to propose and execute; Congress, on the other hand, passes the GAA (General Appropriations Act) or passes the law."
"Right now, we are in the execution stage, so the responsibility lies with the executive. So, we just want to comply with their decision, but it needs to be clear," she added.
Berberabe said she has advised the Department of Budget and Management and the executive branch to hold off temporarily the release of the budget, "since it is expected that a decision will be made on this [matter] immediately."
She noted that the 12 separate opinions attached to the decision showed "how complex the constitutional issues presented to the Court are, as well as the varying views of the justices in resolving them."
The OSG is carefully studying these opinions in deciding its next steps, the OSG chief said.
The OSG remains committed to assisting the Court in ensuring that the safeguards on public spending were grounded in the Constitution, while respecting the powers entrusted to Congress and the Executive for the welfare of the Filipino people.
