MANILA — Solicitor General Darlene Berberabe announced that the executive branch will file a motion for reconsideration following the Supreme Court’s decision declaring the 2024 and 2025 national budgets unconstitutional, warning that the ruling could affect the execution of the 2026 national budget.
During a Palace briefing on Thursday, October 22, Berberabe explained that President Marcos seeks clarity on certain matters within the ruling to ensure smooth implementation moving forward.
“So, mayroon po kasing gusto lalo na ang ating Presidente na linawin sapagkat iyong execution ng budget ay maaapektuhan,” Berberabe said.
Pending the finality of the decision, the Department of Budget and Management (DBM) has been advised to temporarily withhold the release or implementation of funds tied to the affected provisions.
“Sa amin po, ang ipapayo po namin sa DBM at sa ehekutibo ay pumorma na tayo na parang huwag muna tutal aasahan na madesisyunan ito kaagad,” the Solicitor General noted.
Berberabe emphasized that the administration respects the high court and expects the matter to be prioritized so that the remainder of the 2026 budget execution is not compromised.
She also clarified that the tribunal applied the doctrine of operative fact, meaning previously implemented projects will not be invalidated and funds will not be required to be returned.
“So, operative fact, ibig sabihin, hindi natin i-invalidate iyong mga proyekto. So, wala pong sinabi iyong desisyon na ibabalik, kung hindi, in fact, pasulong nga po,” Berberabe stated.
The Supreme Court previously ruled that the 2024 budget was unconstitutional due to unauthorized increases in unprogrammed appropriations, while the 2025 General Appropriations Act faced a similar ruling over the Special Road Fund.
Furthermore, the court struck down specific provisions in the 2026 GAA.
Despite these challenges, Berberabe assured the public that both the executive and legislative branches remain committed to complying with constitutional standards while seeking necessary legal clarifications.