Supreme Court Senior Associate Justice Marvic M.V.F. Leonen, in his concurring opinion on the ruling involving the PhilHealth fund transfer, asserted that President Bongbong Marcos committed “grave abuse of discretion” when he issued a certification of urgency for the passage of the 2024 national budget.
Leonen said the certification lacked a valid constitutional basis and enabled Congress to approve the bicameral conference committee report on the same day it was transmitted—effectively bypassing the mandated deliberation period.
“The president committed grave abuse of discretion in issuing the certification. [Hence], the entire General Appropriations Act of 2024 is unconstitutional,” he wrote.
Because of this alleged defect, Leonen argued that the 2023 national budget should have been automatically reenacted for 2024 under Article VI, Section 25(7) of the Constitution, which mandates reenactment when Congress fails to validly pass a new spending law.
He also questioned the substantial increase in Unprogrammed Appropriations, calling it unconstitutional and stressing that Congress may only approve or reduce the President’s budget proposal, not expand it.