THERE is nothing unconstitutional with increasing the Executive’s unprogrammed appropriations in the 2024 General Appropriations Bill (GAB), Senate President Juan Miguel Zubiri yesterday said as he defended the decision of the bicameral conference budget committee to hike the allocation by P455 billion.
Zubiri, in an interview with dzBB radio, said there is nothing unlawful with adding allocations for unprogrammed appropriations as long as the programmed appropriations are not increased.
“I feel that it is not unconstitutional as long as the P5.768 trillion is in the programmed funds. Pwedeng liitan ang budget pero hindi pwedeng dagdagan. ‘Yan po ang nakalagay sa Constitution (The proposed national budget can be decreased but you cannot increase it.
That is written in the Constitution),” he said.
Besides, he added, unprogrammed appropriations can only be funded once the government has extra revenues.
Unprogrammed appropriations provide standby authority to the Executive to incur additional agency obligations for priority programs or projects when revenue sources exceed the revenue collections and when additional grants or foreign funds are generated.
“It has been done on many, many budget seasons, even in the budget of the previous administration. I don’t believe it’s unconstitutional… ‘Yung unprogrammed, ‘yan po ay ginagawa every budget season sa mga program na sa tingin naman kapag meron na pong budget na additional o pondo na additional ang gobyerno pwede po ‘yan mabayaran, pwede ‘yan ma-obliga
(It has been done during many, many budget seasons, even in the budget of the previous administration. I don’t believe it’s unconstitutional…The unprogrammed [appropriations] is included every budget season for programs that we think that if we have additional funds, if the government has additional funds, they can push through, the funds can be obligated),” Zubiri said.
The Senate leader’s position runs counter with the position taken by Senate minority leader Aquilino Pimentel III and former senator Panfilo Lacson, who both said that the P455 billion additional unprogrammed appropriations in the 2024 GAB is unconstitutional.
Pimentel and Lacson said that lawmakers cannot increase what was requested in the Executive’s National Expenditure Program (NEP).
Pimentel has said that with the higher unprogrammed appropriations, the national budget for 2024 will amount to more than P6 trillion, which is higher than the requested P5.768 trillion under the NEP.
Former Senate president Franklin Drilon, in a statement last Friday, has said that he saw nothing unconstitutional in increasing the unprogrammed funds.
“Unprogrammed funds are standby appropriations that are distinct from the approved fiscal program of the National Government. Transactions related to these funds are recorded when they become actual, contingent upon compliance with conditions specified in the Special Provisions of the unprogrammed appropriations in the General Appropriations Act,” Drilon said.
He said the primary purpose of unprogrammed appropriations is to authorize additional agency expenditure for priority programs and projects beyond the original budget.
“The constitutional prohibition pertains to programmed appropriations,” he added.
BANNER YEAR
Meanwhile, Zubiri said 2023 has been a “banner year” for the Senate, which he said approved 31 measures of national significance and dozens more of local applications.
“I’m very proud because this year is a banner year for the Senate at marami tayong naipasa. National bills po itong 31. Marami rin local bills. Sabi nila mabagal daw ang Senado, pero parang diesel engine lang ‘yan. Hindi ba ang diesel na makina mabagal pero tuloy-tuloy naman? Walang mintis, walang malfunction, wika nga (I’m very proud because this year has been a banner year for the Senate because we have passed many proposed measures. These 31 bills are of national importance, but we also passed several local bills.
They are saying that the Senate is slow, but we are like a diesel engine — slow but continuous, no malfunctions, so to speak),” Zubiri said.
Among the bills of national importance passed by the Senate this year were the 2024 GAB, the Magna Carta for Seafarers, the Public-Private Partnership Act, the Internet Transactions Act, the Self-Reliance Defense Posture Act, the Tatak Pinoy Act, the Anti-Agricultural Smuggling Act, the State Universities and Colleges Land Development Infrastructure Plan, the Free College Entrance Exams, and the No Permit, No Exam Act, among others.
He said several bills of local applications which emanated from the House of Representatives were also passed by the Senate this year.
Zubiri said that the most important measure they passed was the 2024 national budget, which he said will be signed by President Marcos Jr. on Wednesday.
He said among the salient provisions in the budget measure was the grant of P8.4 billion additional funds to the Department of National Defense and the Armed Forces of the Philippines, and the P2.8 billion additional allocation for the Philippine Coast Guard.
He said the additional funds given to these agencies are intended for the procurement of much-needed equipment to defend the country’s territorial integrity in the West Philippine Sea amid the escalating aggressions of China and its militia vessels on Philippine boats within the latter’s 200-nautical mile exclusive economic zone.
Zubiri said the P2.8 billion added funds for the PCG will be for the purchase of three big vessels to match those of the Chinese Coast Guard’s, which will be made by an Australian firm which has a shipyard in Balamban, Cebu.
He said the manufacture of PCG ships in the country is part of the provisions under the Self-Reliance Defense Posture (SRDP) Act which gives opportunities to local and foreign companies to enter the defense industry business. The SRDP was passed on third and final reading last week and is just awaiting the President’s signature for it to become a law.
He said the country had an SRDP during the time of the late President Marcos Sr. wherein weapons, and other materiel were made in the country which gave the Philippines the opportunity to export them to other ASEAN countries.
Zubiri said additional funds were also given to the National Intelligence and Coordinating Agency, Department of Social Welfare and Development, State Universities and Colleges, Department of Education, Department of Environment and Natural Resources, Department of Health, and Department of Trade and Industry, among others.
“So, the budget for 2024, to me, is the most progressive budget which will help alleviate the lives of the people,” he said in a mix of Filipino and English.
He said the Senate adopted the House’ version of the budget bill, in which the controversial confidential and intelligence funds were not given to civilian agencies not directly involved in intelligence works and law enforcement.
He said the “confidential” expenses to be incurred by civilian agencies are now listed under their line item budgets and they can request for exemptions in the Government Procurement Law should they purchase equipment to be used in confidential operations.
Congress adjourned its sessions last week for the holiday break which officially started on December 16. Regular sessions will resume on January 22 next year.
