De Lima and Erice Ask Supreme Court to Junk P150.9B Unprogrammed Funds in 2026 Budget

MANILA – Minority lawmakers Mamamayan Liberal Party-list Rep. Leila de Lima and Caloocan 2nd District Rep. Edgar Erice filed a petition with the Supreme Court on January 8, 2026, seeking to declare the P150.9 billion unprogrammed appropriations (UAs) in the P6.793-trillion 2026 General Appropriations Act (GAA) unconstitutional. They also requested a temporary restraining order (TRO) to prevent spending these “standby funds” pending the court’s ruling.

The petitioners argue that the UAs—lump-sum allocations released only upon certain revenue conditions—violate constitutional principles of budget accountability, congressional power of the purse, and require definite funding sources at enactment. They claim the provision gives the executive “blanket authority to spend” without guaranteed revenues, creating risks of misuse akin to past scandals.

Background on the 2026 UAs

President Ferdinand Marcos Jr. signed the GAA on January 5, 2026, but vetoed P92.5 billion (7 of 10 items) from the original P243.4 billion UAs, reducing it to P150.9 billion—the lowest since 2019. Retained items include support for foreign-assisted projects (P97.3B), AFP modernization (P50B), and risk management (P3.6B).

Critics, including the petitioners, say the remaining amount still poses “grave abuse of discretion” and enables a “shadow budget.”

Petition Snapshot:

AspectDetails
PetitionersRep. Leila de Lima & Rep. Edgar Erice
TargetP150.9B UAs in 2026 GAA (RA 12314)
Main ArgumentUnconstitutional; no definite revenue sources; executive overreach
Relief SoughtNullify provision + TRO
Filing DateJanuary 8, 2026

This challenge echoes broader calls for fiscal reforms amid corruption concerns. The Supreme Court has yet to comment on accepting the case.

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