‘Unconstitutional’: De Lima, Erice challenge unprogrammed funds before SC

By Nash Villena, Philippine Canadian Inquirer
January 8, 2026

UNCONSTITUTIONAL. Mamamayang Liberal (ML) Rep. Leila de Lima and Caloocan City 2nd District Rep. Egay Erice filed a petition before the High Court on Thursday challenging the Unprogrammed Appropriations (UA)’s constitutionality in the 2026 national budget (Jan. 8, 2026). (Photo courtesy: Leila de Lima/Facebook)

MANILA, Philippines — Mamamayang Liberal (ML) Rep. Leila de Lima and Caloocan City 2nd District Rep. Egay Erice filed a petition before the High Court on Thursday, Jan. 8, seeking to challenge the constitutionality of Unprogrammed Appropriations (UA) in the recently signed 2026 national budget.

De Lima argued that the existence of UA runs contrary to the Constitution’s mandate for a clear source of funding in the government’s budgeting system, saying UA mainly relies on “contingency” and does not have a specified source of funding.

“Wala ring transparency sa UA, kaya nga nagkaroon na dito ng grave abuse of discretion. The lack of sufficient and strict standards in spending UA is tantamount to undue delegation of legislative power to the Executive. Tinatanggal sa Congress yung “power of the purse,” o kapangyarihan ng Kongreso kung saang mga programa ilalaan at kailan gagamitin ang pondo,”  de Lima said.

(There is no transparency with UA; that’s why there is a grave abuse of discretion here. The lack of sufficient and strict standards in spending UA is tantamount to the undue delegation of legislative power to the Executive. The “power of the purse” mandate is being removed from Congress, or the power of Congress to decide which programs the funds should be used for and when.)

“Kumbaga, parang blangkong tseke, kung saan bahala na ang Ehekutibo kung saan gagastusin,” she stressed.

(Ergo, it’s like a blank cheque, wherein it is up to the Executive branch where it will be spent.)

The remedy to this discrepancy, according to de Lima, is the removal of the UA from the 2026 budget to reassure the public that any massive corruption scandal similar to the flood control mess won’t happen again.

“The proper and Constitutional way is to remove the UA. Nakapaloob na dapat sa programmed funds ang kinakailangang mga items. The rest should be applied for funding later through a special appropriations law,” she said.

(The proper and Constitutional way is to remove the UA. The items should be under the programmed funds. The rest should be applied for funding later through a special appropriations law.)

DBM defends UA

On the same day, the Department of Budget and Management (DBM) provided a statement affirming the constitutional nature of UA, citing the Supreme Court’s ruling on the Belgica vs. Executive Secretary case on Oct. 8, 2019 wherein the appropriation of unprogrammed funds was “categorically ruled” as constitutional.

“The Court clarified that the Unprogrammed Appropriations are not a prohibited lump-sum fund, because they are accompanied by an annex that specifies the public purposes and corresponding amounts for which the funds may be used. As such, the UA complies with the constitutional requirement that appropriations must have a discernible purpose,” said the DBM.

“Taken together, Supreme Court jurisprudence and the design of the FY 2026 GAA demonstrate that the Unprogrammed Appropriations are constitutional, clearly defined, and now subject to even tighter fiscal discipline and safeguards,” it added.

The DBM assured the public that it remains committed to upholding the Constitution, where the implementation of the national budget is done with transparency and accountability.

It can be recalled that President Ferdinand Marcos Jr. vetoed over PHP 92.5 billion UA items in his signing of the 2026 national budget on Monday. However, three UA items were retained, amounting to PHP 150 billion.

The remaining UA items specifically refer to the Support to Foreign-Assisted Projects (PHP 97.3B), Revised AFP Modernization Program (PHP 50B), and the Program on Risk Management (PHP 3.6B).