SolGen to Palace: Withhold spending of unprogrammed funds in SC ruling

MANILA — The Office of the Solicitor General on Thursday said it has advised the administration to defer spending portions of the 2026 national budget that the Supreme Court has ruled unconstitutional.

The Supreme Court earlier this week declared unconstitutional parts of the 2024 and 2025 spending measures, as well as P12.57 billion under the Special Accounts in the General Fund under the 2026 national budget.

While the ruling is still subject to a motion for reconsideration, the executive branch hopes to show some “good faith,” Solicitor General Darlene Berberabe said in a Palace briefing.

“Iyong mga klaro na sakop doon sa desisyon, huwag muna… bilang good faith at hindi natin gustong hindi sumunod,” she said.

(Those that are covered by the decision should not be used yet. As a show of good faith and that we do not want to disobey the court.)

She said the OSG will also help the administrative branch determine what funds are no subject to the ruling.  

“Para may legal advice din naman sila,” she said.

(So they will have legal advice on that as well.)

The OSG has 15 days to file a motion for reconsideration to ask the Supreme Court to review its earlier ruling.

The OSG will likely raise the issue of judicial overreach in its appeal, Berberabe said, noting that institutions have their own “self-correcting” mechanisms to address issues that the Supreme Court flagged.

“Iyong posisyon po ng OSG doon po sa kaso, nandodoon lang po kami sa constitutional framework, separation of powers,” she said.

(The OSG’s position will only be on the constitutional framework, separation of powers.)

“Kaya ang tanong lang po namin, sige, kami naman ay talagang susunod kung ano iyong nasa Constitution, pero kung ang kapangyarihan na ito ay ibinigay sa political branches, dapat si political branches ang mag-ayos.”

(Our question is — and we will really follow what is in the Constitution — but if it is a power granted to political branches, it should be the political branches that address it.) 

Berberabe cited as examples the Marcos administration’s move to rid the 2026 national budget of the “Strengthening Assistance for Government Infrastructure and Social Programs” and the Senate’s move to further sift through the spending bills.

Meanwhile, Communications Undersecretary Claire Castro asserted that the Supreme Court’s decision did not mention any possible liability for President Ferdinand Marcos Jr., who signed the covered budgets into law.

“Kung mayroon man, dapat sa ibang forum, ibang korte na ito dapat makarating,” the Palace official said.

(If there is any, it would be at another forum, at another court.)

Berberabe did not say when the OSG would formally file the motion for reconsideration before the Supreme Court, but noted that the 15-day deadline would lapse on November 4.