OSG asks SC to junk petition vs. 2025 budget

By Benjamin Pulta, Philippine News Agency

FILE: Facade of Supreme Court of the Philippines (PNA photo)

MANILA – The Office of the Solicitor General (OSG) has formally asked the Supreme Court (SC) to junk the petition challenging the constitutionality of the 2025 General Appropriations Act (GAA).

In an 89-page comment filed on Feb. 27, Solicitor General (SolGen) Menardo Guevarra urged the high tribunal to dismiss the petition for its “fatal procedural defects and for utter lack of merit.

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“The petition before this Honorable Court does not represent a genuine concern for constitutional integrity but appears to be an attempt to merely impede the implementation of a law that is vital to the nation’s progress and the well-being of its people,” the OSG said.

The SolGen likewise dismissed speculations that the budget should be invalidated because of alleged “blanks” in some items, particularly in copies of the Bicameral Conference Committee (BCC) report.

“It is the enrolled bill, not the Committee Report, which is definitive and binding on other branches of government. Any previous version of a bill is internal to Congress and is not actionable,” Guevarra pointed out.

Petitioners led by Davao City 3rd District Rep. Isidro Ungab and former executive secretary Vic Rodriguez have questioned the constitutionality of certain provisions in the 2025 GAA, claiming that the alleged “blank items” in the BCC “undermine transparency and accountability in the budget process.”

Guevarra noted that the allegation on the supposed blanks pertain to the budget allocations of certain agencies.

“(A)s previously discussed, the BCC was aware of the final amounts to be allocated to these agencies and the only remaining matter was the final ministerial computation of these allocations. Hence, such allegations pertain to the internal rules of Congress and its conference committees, particularly the procedure by which it consolidates its allocations and finalizes its computations. Petitioners do not, in fact, allege that the supposed blanks were determined by persons other than the people’s duly elected representatives,” he said.

He said the petitioners’ claim of a blatant violation of the constitution “is without legal basis and, in fact, is a bare assertion without citation.”

“It must be emphasized that the bills of this petition have already been passed into law. Congress has already ratified the work of the BCC by approving the BCC report and indicating the proper approvals, attestations, and certifications in the enrolled bill. Such passage into law indicates that the bills that eventually became RA (Republic Act) 12116 were indeed passed by Congress. As held by this Honorable Court what is important is that its report is subsequently approved by the respective houses of Congress,” he said.

“The enactment process of RA 12116 has decisively upheld the system of checks and balances that is integral to our democratic framework. The President’s exercise of veto power over specific items within the bill underscores the executive’s crucial role in ensuring that appropriations align with national priorities and upheld fiscal discipline.” Guevarra added.

President Ferdinand R. Marcos Jr. signed the 2025 national budget into law on Dec. 30, 2024. He vetoed over PHP194 billion in line items he deemed inconsistent with his administration’s priorities.

Marcos emphasized that the GAA was designed to sustain economic growth and improve the lives of future generations and should be carefully curated and scrutinized.