Marcos vetoes three items in 2023 budget

MANILA, Philippines — President Marcos has rejected three items in the P5.268-trillion national budget for next year, describing them as “inappropriate provisions” that can amend other laws and are not related to any appropriation.

In a 16-page veto message dated Dec. 16, Marcos said he has vetoed provisions on the use of income by the National Labor Relations Commission (NLRC); revolving fund of the television-based instruction program of the Department of Education (DepEd) and prohibition against the use of the budget to change the government’s tourism slogan.

“In keeping with my constitutional duty to ensure faithful execution of the laws, I am constrained to directly veto the provisions introduced in this budget which do not relate to any particular appropriation and would effectively amend substantive laws,” the President said.

“These are considered inappropriate provisions that warrant the exercise of presidential veto,” he added.

He cited a 1994 Supreme Court ruling that categorized as inappropriate provisions those that are unconstitutional and are intended to amend other laws.

NLRC income

Thus, Marcos vetoed Special Provision No. 1 on “Use of Income” under the budget of the NLRC, a quasi-judicial agency attached to the Department of Labor and Employment (DOLE).

Marcos said the income already forms part of the revenue and financing sources of the national expenditure program for fiscal year 2023 which was submitted to Congress.

He noted that Section 65 of Presidential Decree No. 1445 (Government Auditing Code of the Philippines, as reiterated in the Administrative Code of 1987) provides that unless otherwise specifically provided by law, income accruing to the agencies by virtue of the provisions of the law, orders and regulations shall be deposited in the National Treasury or in any duly authorized government depository and shall accrue to the unappropriated surplus of the General Fund of the government.

“It is noteworthy that the NLRC is not granted authority to use its income under existing laws. Further, the funding requirements for the operations of the NLRC are already fully provided under its budget under this Act,” Marcos said.

DepEd TV

Marcos also rejected Special Provision No. 4 on the “Revolving Fund of DepEd TV” under the budget of the Office of the Secretary.

He said there is no law authorizing the DepEd to establish a revolving fund for the purpose.

“Moreover, the DepEd TV is not a business-type activity of the DepEd, which may be considered within the contemplation of the general provision on revolving funds in this Act, which permits the constitution of a revolving fund from receipts derived from business-type activities of agencies,” the President said.

DepEd TV is the agency’s television-based learning delivery that is broadcast through the internet and TV stations across the country.

Tourism

Third to be vetoed by the President was Special Provision No. 4 on “Branding Campaign Program” under the budget of the Office of the Secretary of the Department of Tourism (DOT).?

Marcos said the provision intends to limit the exercise of the functions of the executive branch in implementing the Tourism Act of 2009 and that “in no case shall the appropriations be utilized to change the tourism campaign slogan.”

He noted that under the law, the DOT is mandated to be the primary planning, programming, coordinating, implementing and regulatory government agency in the development and promotion of the tourism industry, both domestically and globally.

The agency is tasked to promote tourism as an engine of socioeconomic and cultural growth in the country, he added.

The Chief Executive said the provisions he vetoed have no place in an appropriations bill and are “matters of general legislation more appropriately dealt with in separate enactments.”

He vowed to use the 2023 budget to achieve national development goals through “transparent and inclusive governance.”

Senators agree

Senators agreed with Marcos’ decision to veto some provisions of the 2023 General Appropriations Act, acknowledging his power and prerogative as the Chief Executive.

Senate Minority Leader Aquilino Pimentel III vowed to monitor the budget implementation for next year, particularly for education which he hopes will be provided the biggest allotment.

Sen. Nancy Binay also agreed with the President that while the DOT should be a high priority for budgeting, its funds should not be spent on rebranding of the country’s tourism slogan.

“We still hope that the DOT considers deferring its plan to ‘rebrand’ and replace the ‘It’s More Fun in the Philippines!’ campaign,” said Binay, who chairs the Senate committee on tourism.

Binay stressed that while she agrees with the veto, the Senate will still support efforts to boost the DOT’s campaigns to help fast-track the country’s economic recovery.

Like Pimentel and Binay, Senate Majority Leader Joel Villanueva said “it is the President’s prerogative to veto some of the provisions of the General Appropriations Act, and we trust in his wisdom.” –  Cecille Suerte Felipe