The Senate is prepared to defend the constitutionality of unprogrammed appropriations (UA) in the 2026 national budget, which has been challenged before the Supreme Court. The petition was filed by Caloocan Rep. Edgar Erice and Mamamayang Liberal party-list Rep. Leila de Lima, seeking a temporary restraining order against its use. Senate President Vicente Sotto III expressed confidence that the court will uphold the budget.
On January 10, 2026, Senate President Vicente Sotto III stated that the Senate is ready to defend the constitutionality of unprogrammed appropriations (UA) in the 2026 national budget. The challenge stems from a petition filed by Caloocan Rep. Edgar Erice and Mamamayang Liberal party-list Rep. Leila de Lima on Thursday, seeking to declare the P150.9 billion UA unconstitutional and obtain a temporary restraining order against its use.
In a Zoom press briefing, Sotto said, 'I’m very confident the SC will uphold the budget and favor it. Unprogrammed funds are constitutionally valid based on SC decisions.' He explained that Congress has a legal basis to allocate standby funds for priority projects when there are excess revenues or loans. Although the Senate had already cleaned its version of the budget, President Marcos further trimmed it by vetoing seven UA items, leaving only three.
Sotto dismissed the petition as 'nitpicking' and opposed Sen. Erwin Tulfo’s proposal to eliminate UA except for foreign-assisted projects, noting it would require converting them to programmed items amid an improved economy. He emphasized the need for standby funds for projects like the Metro Manila Subway and military modernization.
In the House, Lanao del Sur Rep. Zia Adiong, vice chairman of the appropriations committee, affirmed that UA is constitutional due to existing safeguards and differs from the PDAF or pork barrel struck down by the Supreme Court. 'Unprogrammed appropriations can only be implemented and can be utilized only for a specific purpose, subject to specific guidelines and criteria,' Adiong said.
Meanwhile, Erice hopes a favorable Supreme Court ruling will permanently remove UA, enhancing budget accountability and preventing misuse, as seen in flood control projects in late 2025. He told The STAR, 'In general terms, if the Supreme Court sides with us, the ruling will remove all unprogrammed funds this year and not only now, but also in the coming years.'
House deputy minority leader Akbayan Rep. Perci Cendaña also called for UA's removal due to its 'huge opportunity for misuse and abuse.' The Makabayan bloc has a pending 2024 petition against UA. The Department of Budget and Management noted that the 2026 UA is the lowest in seven years, compared to P807 billion in 2023.
