Caloocan City 2nd District Representative Egay Erice and Mamamayang Liberal (ML) Partylist Representative Leila de Lima have asked the Supreme Court to strike down portions of the 2026 General Appropriations Act (GAA), warning that it allows government spending without a definite source of funds.
In a Petition for Certiorari and Prohibition, the lawmakers questioned the constitutionality of the Unprogrammed Appropriations (UA) under the 2026 GAA, seeking to nullify Section XLIII of the law.
They also asked the High Court to immediately issue a temporary restraining order and other injunctive reliefs to halt the implementation of projects covered by the UA.
The petitioners argued that the UA authorizes the release of public funds without clear and existing financing sources, effectively creating a “budget within a budget” that weakens fiscal discipline and congressional oversight.
They warned that such a mechanism threatens transparency, accountability, and the constitutional balance of powers.
The petition cited alleged violations of the 1987 Constitution, including provisions on budget ceilings, contingent appropriations, and the proper allocation and disbursement of public funds.
Under the 2026 budget, Congress approved ₱243.4 billion in unprogrammed appropriations, of which ₱92.5 billion was vetoed by President Ferdinand “Bongbong” Marcos Jr.
Despite the veto, the petitioners said the remaining ₱150.9 billion “continues to pose the risk of unconstitutional release and expenditure.”
They cautioned that once public funds are released, recovery is no longer possible, making swift Supreme Court intervention necessary to prevent irreversible damage to public finances.