Senior Associate Justice Marvic M.V.F. Leonen said President Ferdinand “Bongbong” Marcos Jr. committed “grave abuse of discretion” when he issued a certification of urgency to fast-track the passage of the 2024 national budget — an act he argued rendered the entire spending law unconstitutional.

Leonen made the statement in his concurring opinion to the Supreme Court en banc ruling on the PhilHealth fund transfer, criticizing the President for issuing the certification without a valid constitutional basis.

The justice said the certification enabled Congress to approve the bicameral conference committee report on the proposed General Appropriations Act (GAA) of 2024 on the same day it was delivered, effectively bypassing the mandated period for review and deliberation.

“The president committed grave abuse of discretion in issuing the certification. [Hence], the entire General Appropriations Act of 2024 is unconstitutional,” Leonen wrote.

Due to this alleged constitutional defect, Leonen argued that the 2023 national budget should have been automatically reenacted for 2024, as required under Article VI, Section 25(7) of the Constitution. The provision states that if Congress fails to pass a new GAA by year-end, the previous year’s budget is deemed reenacted.

Leonen also questioned the significant increase in Unprogrammed Appropriations (UA) in the 2024 budget, calling it unconstitutional. He stressed that Congress’s power over the President’s proposed budget is limited to approval or reduction — not expansion.