22/10/2026
OSG to seek clarification and partial reconsideration of the SC Decision on Unprogrammed Appropriations
October 22, 2026
The Office of the Solicitor General (OSG) has received a copy of the Decision of the Supreme Court En Banc in the consolidated cases of Lagman v. The Congress of the Philippines, G.R. Nos. 271059, 271347, E-02472, and E-04036.
The OSG respects the Decision and welcomes the Court’s principal ruling that unprogrammed appropriations, as a budgetary mechanism, are not unconstitutional.
With utmost respect to the Court, the OSG will seek clarification and partial reconsideration of certain aspects of the Decision, particularly the guardrails prescribed for the exercise of budgetary powers.
The OSG agrees that safeguards are essential to ensure transparency, accountability, and fiscal discipline in the use of public funds. The complex challenge, however, lies in distinguishing the safeguards that are required by the Constitution from those whose formulation falls within the constitutionally provided powers of Congress and the Executive. The OSG will respectfully seek clarification and partial reconsideration to ensure that the guardrails prescribed in the Decision remain consistent with this constitutional allocation of powers.
The twelve separate opinions accompanying the Decision reflect the complexity of the constitutional questions presented and the differing judicial perspectives on their resolution. The OSG will carefully consider these opinions in its further action.
The OSG remains committed to assisting the Court in ensuring that safeguards governing public expenditure are firmly anchored in the Constitution, while preserving the powers entrusted to the political branches in service of the Filipino people.
