Nullify P449B standby funds in 2024 budget, SC urged

A GROUP of lawmakers from the House of Representatives led by Albay Rep. Edcel Lagman yesterday asked the Supreme Court (SC) to declare as unconstitutional the P449 billion additional unprogrammed funds in the 2024 General Appropriations Act, arguing that it violates the constitutional provision prohibiting Congress from hiking the government’s proposed spending plan.

Lagman was joined by Basilan Rep. Mujiv Hataman and Camarines Sur Rep. Gabriel Bordado in filing the petition.

The lawmakers asked the High Court to nullify the additional unprogrammed funds, which members of the bicameral budget committee added to the P289.1 billion originally requested by Malacañang in the proposed 2024 National Expenditure Program (NEP), a move which they said is not allowed under Article VI, Section 25 of the 1987 Constitution.

“It is an expenditure outlay inside the Constitution. It is akin to an outlaw which must be slain on sight,” the petitioners said, adding: “The President’s failure to veto the excess items aggravated the constitutional defect.”

The petitioners told the SC the excess funding was done with grave abuse of discretion. “This constitutional challenge before the honorable Supreme Court is to cleanse the General Appropriations Act of a fatal defect and give guidance to the Congress and the President in future budget considerations and deliberations,” they said.

“It is an unconstitutional act of Congress which is tainted with grave abuse of discretion amounting to lack or excess of congressional jurisdiction, and perforce must be nullified,” they also said.

The petitioners said the excess funds was made possible by the leadership of the House Committee on Appropriations chaired by Lagman’s fellow Bicolano, Rep. Elizaldy Co.

“The furtive appropriations and their probable release for implementation were premeditated by the leadership of the House Committee on Appropriations chaired by respondent Co,” they said.

Aside from asking the High Court to nullify the excess unprogrammed funds, Lagman and his co-petitioners also asked the SC to issue a temporary restraining order or a writ of preliminary injunction to prevent or stop the release of the amount.

If the SC