NUPL stands with Bayan Muna in challenging the unconstitutional budget process
The NUPL strongly supports this case and the broader campaign of Bayan Muna to uphold transparency and public accountability. At a time when ordinary Filipinos are struggling with poverty and inadequate public services, public funds must be used for genuine development, not for opaque and discretionary spending.
February 4, 2025
NUPL
The National Union of Peoples’ Lawyers is a nationwide voluntary association of human rights lawyers in the Philippines, committed to the defense, protection, and promotion of human rights, especially of the poor and the oppressed.

Today, the National Union of Peoples’ Lawyers (NUPL) extends its full support to the petition filed by Bayan Muna Chairperson Neri Colmenares, Vice Chairperson Teddy Casiño, Executive Vice President Carlos Isagani Zarate, and former Bayan Muna Partylist Rep. Ferdinand Gaite. As they present their case before the Supreme Court during the oral arguments, they seek to nullify the unconstitutional insertion of ₱449.5 billion in unprogrammed appropriations under the 2024 General Appropriations Act (GAA).

This legal battle is a critical stand against dangerous budgetary practices that violate constitutional safeguards for protecting public funds and ensuring accountability. The petition raises key issues that reflect serious abuses of discretion and overreach by both the Executive and Legislative branches:

  1. Unlawful presidential certification of urgency – The petitioners argue that the President’s certification of the 2024 budget as urgent lacked the constitutionally mandated basis of a public calamity or emergency, as required under Article VI, Section 26(2) of the 1987 Constitution. This unwarranted shortcut of the budget process undermined thorough legislative scrutiny and opened the door to abuses.
  2. Illegal increase of ₱449.5 Billion in unprogrammed funds – The Bicameral Conference Committee (BCC) inserted an additional ₱449.5 billion in unprogrammed appropriations, ballooning the total from ₱281.9 billion to ₱731.4 billion. This move violated Article VI, Section 25(1) of the Constitution, which prohibits Congress from increasing the budget beyond the recommendations of the President.
  3. Unconstitutional budgetary insertions – The BCC inserted a provision allowing the release of unprogrammed funds through vague criteria, such as available GOCC balances, bypassing legislative deliberation and violating Congress’ constitutional duty to approve budget items through open and transparent processes.

These violations are not minor technicalities. Instead, they represent a fundamental breakdown of our constitutional order and pose a grave risk of corruption. As Bayan Muna has stressed, the unchecked manipulation of unprogrammed funds diverts critical resources away from essential services and programs that benefit the Filipino people.

The NUPL strongly supports this case and the broader campaign of Bayan Muna to uphold transparency and public accountability. At a time when ordinary Filipinos are struggling with poverty and inadequate public services, public funds must be used for genuine development, not for opaque and discretionary spending.

We call on all sectors of society to remain vigilant and ensure that public funds are protected from misuse. #

Photo by Kodao Productions

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