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Manila Times Business

WATCH: Marcos seeks clarification on SC ruling on unprogrammed funds

Solicitor General Darlene Marie Berberabe says President Ferdinand Marcos Jr. wants clarification on some aspects of the Supreme Court ruling declaring some unprogrammed appropriations in the 2024 to 2026 national budgets unconstitutional. In a press briefing on Oct. 22, 2026, Berberabe said the President really wanted to abide by the ruling but needed some clarification so that the execution of the 2026 budget 'will not be affected.' VIDEO BY BERNADETTE E. TAMAYO

Context & Analysis

Unprogrammed appropriations have long been the most contested line in the Philippine national budget. Unlike programmed appropriations, which are tied to specific projects, agencies, and detailed expenditure plans, UAPs are lump-sum allocations that Congress sets aside without full specificity, leaving the Executive branch with broad discretion on how and when to release those funds. For decades, budget watchdogs, opposition legislators, and eventually the courts have argued this arrangement violates the constitutional requirement that Congress exercise meaningful control over the purse. The Supreme Court's decision to strike down portions of the UAPs embedded in the 2024 to 2026 budgets represents the most consequential fiscal governance ruling in recent Philippine history, and its practical fallout is still being mapped.

The President's decision to seek clarification rather than simply comply is understandable but carries real risk. The 2026 budget is already being executed, meaning agencies are in the process of obligating and releasing funds for contracts, social programs, and capital projects. If the clarification process drags on — or if the Court's response creates new uncertainty about which specific allocations remain valid — spending agencies may adopt a freeze-first posture to protect themselves from future liability. That is the mechanism by which a constitutional ruling becomes a growth problem. Construction firms waiting on government contract releases, local government units expecting transfers, and suppliers embedded in public procurement pipelines all become collateral damage when budget execution slows even by a few weeks.

For the broader economy, the timing is awkward. The Philippines is still recovering from the fiscal strain of the pandemic years, managing a still-elevated debt burden, and relying on public capital expenditure as a counterweight to private sector hesitancy. Any ambiguity around whether previously approved spending can proceed undermines the credibility of the government as a reliable counterparty, which in turn affects how banks lend to contractors and how foreign investors read Philippine institutional quality.

What to watch next is twofold. First, the substance of whatever clarification the Court provides — whether it carves out a narrow set of invalid allocations or issues a broader directive that forces a mid-year rebudget. Second, whether Congress attempts legislative remedies that could themselves face fresh challenges. The administration's stated intent to abide by the ruling is the right signal, but the gap between intent and execution is where businesses will feel the real impact.

Analysis by IJE Software — original commentary on the story above.

This is an excerpt. Read the full article at the original source:

Source: manilatimes.net

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