Bayan Muna challenges unprogrammed funds in Supreme Court plea
MANILA, Philippines — Bayan Muna on Friday filed a petition before the Supreme Court to stop and probe the unprogrammed funds in the 2024 National Budget.
To recall, Congress decided to increase the unprogrammed funds in the 2024 General Appropriations Act (GAA) with an additional P449.5 billion. The Executive Branch originally requested P281.9 billion, but Congress gave them P731.5 billion.
As a result, Bayan Muna filed a Petition for Certiorari at the Supreme Court against President Ferdinand Marcos Jr., Executive Secretary Lucas Bersamin, the Senate of the Philippines and the House of Representatives.
“The Petitioners question the constitutionality of 3 government actions: the presidential certification of urgency, the power of the bicameral conference committee (BCC) to insert items in the budget, and the resulting congressional increase in the budget submitted by the President,” Bayan Muna said.
Bayan Muna questioned the constitutionality of three actions: Marcos’ certification of the 2024 national budget as urgent dispute the absence of urgency, the insertion of the additional unprogrammed funds that exceeded the president’s request, and the Bicameral Conference Committee’s insertion of provisions that were not contained in approved bills.
The last action particularly points to the Department of Finance’s (DOF) order to Philippine Health Insurance Corporation to return P89.9 billion worth of idle funds back to the country’s coffers.
Finance Secretary Ralph Recto has already stated that such actions were legal, based on the 2024 GAA crafted by the Bicameral Conference Committee (BCC). However, this is the provision that Bayan Muna is contesting.
“The BCC acted as if it is the ‘Third House’ when it arrogated unto itself the power to insert provisions that were not contained in the bill approved by both Houses of Congress in Third Reading. The BCC-inserted provisions therefore were not subjected to the First, Second, and Third Readings,” the petition read.
The BCC is composed of representatives selected by the leaders of each chamber, namely House Speaker Martin Romualdez and former Senate President Miguel Zubiri.
“The BCC is not so empowered by the entire Congress to perform legislative functions, since the conferees were only appointed by the Speaker of the House of Representatives and the President of the Senate,” the petition further argued.
Bayan Muna is seeking to nullify the presidential certification of the bill proposing the 2024 budget. It is also asking the Supreme Court to declare as unconstitutional and void the additional P449.5 billion, as well as the provision that allowed the DOF to recall idle funds.
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