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The Supreme Court (SC) has declared as unconstitutional the national budgets for 2024 and 2025, particularly the unprogrammed appropriations (UA) that left the outlays “severely distorted.Also declared unconstitutional were the UA provisions in the current budget program. The UA has been described as the new pork barrel.The high tribunal cited in particular the spike in UA in the General Appropriations Act (GAA) for 2024 by P449.5 billion, as well as the increase in the Special Road Fund by P17.99 billion in the 2025 GAA, which both “resulted in an increase in the president’s total recommended appropriations,” according to the SC statement released yesterday.The 121-page SC decision was handed down on Oct. 7.The P449.5-billion increase in UA was “made by the bicameral conference committee through transfers of Programs, Activities and Projects from programmed to unprogrammed and significant increases in the allocation for SAGIP and Support to Foreign Assisted Projects,” the court said, referring to Strengthening Assistance for Government Infrastructure and Social Programs (SAGIP).While the UA per se is not unconstitutional, the SC said it becomes “constitutionally infirm when they lack sufficient standards, effectively granting the Executive unchecked spending authority that weakens fiscal discipline and undermines funding for programmed projects when estimated government revenues are not realized.”

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