Malacañang said the Office of the Solicitor General (OSG) will ask the Supreme Court to reconsider parts of its ruling declaring certain provisions of the national budget unconstitutional, maintaining that the government’s use of unprogrammed appropriations complied with existing laws and established budget procedures.

Presidential Communications Office (PCO) Undersecretary and Palace Press Office Claire Castro said that the administration maintains that unprogrammed appropriations remain a legitimate funding mechanism, provided their use complies with the Constitution, applicable laws, and strict accountability requirements.

“Kaya nga tayo ay magsasampa sa pamamagitan ng Office of the Solicitor General ng motion for reconsideration dahil alam ng administrasyon na wala namang nilalabag na batas, walang nilalabag na probisyon sa Konstitusyon; ang administrasyon na ito ay tumutupad lamang sa mga naging proseso na isinasaad din naman sa batas,’ Castro noted.

She said the administration respects the Supreme Court’s rulings on the constitutionality of the 2024 and 2025 General Appropriations Acts and several special provisions of the 2026 national budget.

She said the Marcos administration has followed the policy established by Congress since 2015 in implementing the national budget.

Castro said under the policy, funds may be released when revenue collections exceed targets from at least one specified non-tax revenue source, subject to other legal conditions.

Supreme Court spokesperson Camille Sue Mae Ting said in a briefing Wednesday that since the decision is not yet final and executory, the government is given 15 days upon receipt of the decision to appeal.

On Tuesday, the Supreme Court has declared unconstitutional the following: first, the 2024 General Appropriations Act (GAA) due to Congress's addition of P449.5 billion to unprogrammed appropriations resulting in the increase in the total amount recommended by the President for the national budget; second, Special Provisions 1(a) and (b), Chapter XLIII of the 2026 GAA; and third, the 2025 GAA due to Congress's addition of P17.99 billion to the Special Road Fund, which also resulted in the increase in the total amount recommended by the President for the national budget.

The Supreme Court also declared unconstitutional Republic Act No. 12116 or the 2025 GAA because of the P17.99 billion fund in the Special Road Fund of the Department of Public Works and Highways (DPWH) that was added by Congress. Because of this, the total amount allocated by the President was increased.

Meanwhile, the Supreme Court also declared the P12.75 billion additional fund in the Special Accounts in the General Fund (SAGF) of some agencies as unconstitutional under Book VI, Chapter 4, Section 25 of the Administrative Code. This provision prohibits the addition of amounts stipulated in the special provisions beyond the amounts stipulated by the President.

According to the Supreme Court, unprogrammed appropriations are not automatically unconstitutional. However, they must have clear limitations and safeguards to ensure proper government of the funds, openness to the public of expenditures, and accountability in the use of funds.

These actions violate the Constitution when there is no sufficient basis for the use of funds and become a reason for the Executive to spend almost unlimited powers. This may implicate the discipline of government finances and affect the spending of projects that are scheduled to be funded when the government's expected revenue is not met. Presidential News Desk/Supreme Court PH