MANILA, Philippines — The Supreme Court (SC) upheld the constitutionality of unprogrammed appropriations under strict conditions but barred Congress from increasing the president’s proposed budget, saying such increases violate the Constitution.
In a 13-2 ruling in Lagman v Congress, the high court said unprogrammed appropriations were not unconstitutional per se, provided their release complies with safeguards designed to prevent the government from circumventing constitutional limits on public spending.
The Court stressed that Congress could not increase the total appropriations proposed by the president, whether programmed or unprogrammed, reinforcing constitutional restrictions on the legislature’s power over the national budget.
However, the High Court invoked the doctrine of operative fact to protect projects under the 2024 and 2025 General Appropriations Acts that have already been implemented and can no longer be reversed, particularly when beneficiaries acted in good faith.
The ruling does not automatically invalidate all unprogrammed appropriations or require the return of funds already spent on irreversible programs.
