Solgen asks SC for clarification and partial reconsideration on GAA decision

The Office of the Solicitor General filed a motion for clarification and partial reconsideration of the Supreme Court’s October 7 decision on the unconstitutionality of the 2024 and 2025 General Appropriations Act and special provisions of the 2026 General Appropriations Act.

In the motion signed by Solicitor General Darlene Berberabe, the OSG asked the high court to clarify the extent of the application of the doctrine of operative fact, considering that the 2024 and 2025 GAAs were declared unconstitutional but applied the doctrine of operative fact only to specific programs, activities and projects. 

“Without one, agencies may halt or reverse projects the doctrine meant to protect, or continue projects meant to stop,” the OSG said. 

The OSG also asked the SC to declare that unprogrammed appropriations are not subject to any ceiling or if subject to the ceiling requirement, clarify whether the unprogrammed appropriations are subject to a ceiling separate from programmed appropriations. 

“Respondents respectfully submit that this alternative interpretation, where programmed and unprogrammed appropriations would be subject to separate ceilings, would be more consistent with the respective fiscal characteristics of programmed and unprogrammed appropriations,” the OSG said. 

The OSG also wanted the high court to declare that the increase in the appropriation for the Special Road Fund under the 2025 GAA did not violate the Constitution. 

“Notably, the Honorable Court did not hold that unprogrammed appropriations are unconstitutional per se; it upheld them, subject to conditions,” the OSG said.

The OSG also asked for a clarification on the guidelines on unprogrammed appropriations serving only as a guidance to the political branches and not as constitutional requirements. 

 “To the extent that the guidelines prescribe budgetary safeguards beyond what the Constitution requires and on matters entrusted to Congress, their imposition transgresses the separation of powers, a fundamental pillar of our constitutional order,” the OSG said.