Tag: Congress

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On the Non-Vetoing of the P450-B Extra Unprogrammed Appropriations in the 2024 Budget

If not clarified by the Supreme Court’s interpretation of Art VI, Sec 25 of the 1987 Constitution, what can prevent Congress from adding P1 trillion or even more in the next succeeding budget deliberations, so we borrow more to fund the excess in the Unprogrammed Fund under the NEP?

Needless to say, this is a very bad precedent, especially so that Congress has developed the new penchant for realigning the budget to and from the Unprogrammed Appropriations.

To illustrate my point: Under the 2022 GAA, Congress managed to realign to the Unprogrammed Appropriations under the Special Purpose Fund the amount of P100 billion; while under the 2023 GAA, they realigned a total of P219 billion to the Unprogrammed Appropriations.

Under the same scheme of realignments, mostly done in the bicameral conference committee level, they also realigned hundreds of billions of pesos from the Unprogrammed Appropriations to the regular budget to fund their so-called “pet projects.”

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On the President’s ‘Offers’ to Resign, Appear before Congress

Screen grab from PCOO

Instead of resigning, the President only needs to be consistent in applying the anti-graft and corruption laws to both friends and foes.

Strong words and warnings may work, but only when backed by political will and followed by concrete actions. There is no better way.

As for his offer to appear before a congressional hearing, that may not be necessary. In fact, the Senate is already proposing in a bill to give him Bayanihan-like powers to address red tape in government.

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On the Quo Warranto Petition vs ABS-CBN

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It is a matter of different jurisdictions. The quo warranto petition is under the original jurisdiction of the Court. Approval or renewal of legislative franchise is the jurisdiction of both houses of Congress. As such, I see no conflict in jurisdictions.

As in the case of former Chief Justice Sereno, under Art VIII, Sec 5, Paragraph 1 of the 1987 Constitution, the Supreme Court exercises original jurisdiction over a petition for quo warranto, among other petitions filed by the State through the Office of the Solicitor General.

Hence, Solicitor General Jose Calida cannot be prevented from filing the petition in the case of the legislative franchise of ABS-CBN.

Likewise, Congress is not prevented from exercising its powers under the same Constitution to act on the application for renewal or a new franchise which is now pending before the House of Representatives.

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On ‘Extraordinary Powers’ for the President vs Water Crisis

Given a looming if not already existing water crisis, under Sec. 17, Art VII of the 1987 Constitution and existing jurisprudence (David vs Arroyo, GR No 171396 on May 3, 2006), Congress may delegate to the President the power of the state to take over the operation of public utilities.

However, the President has to declare an emergency, and if Congress delegates that power to him, the government must be ready to compensate whatever losses the private concessionaire/s would incur during the period of the government takeover.

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