Former Senate President hails SC ruling on unprogrammed appropriations

Former Senate President Franklin M. Drilon commended the Supreme Court for upholding unprogrammed appropriations as a valid budgetary mechanism, while urging Congress to seek clarification on aspects of the decision that he warned could encroach on legislative authority over public spending.

Drilon, who served as an amicus curiae or friend of the court during oral arguments, said his reading of the ruling confirmed that unprogrammed appropriations are not unconstitutional on their own. Instead, they provide standby spending authority that the executive branch may execute only when statutory funding conditions are satisfied.

However, Drilon cautioned that portions of the SC’s ruling risk overstepping judicial review by setting fiscal conditions that belong under the constitutional purview of Congress.

"Congress determines appropriations and their lawful conditions," Drilon said. "The Executive implements the budget within those conditions. Both functions remain subject to the Constitution."

He warned that substituting Congress’s statutory funding triggers with court-defined criteria could narrow legislative discretion and restrict future executive branch budget implementation.

"The concern therefore extends beyond one administration or one budget," Drilon said. "It involves the scope of the budget powers available to future Congresses and Presidents."

While acknowledging that operational flaws and abuses in unprogrammed funds require corrective measures, Drilon emphasized that such standards must originate from congressional legislation rather than judicial directives to avoid judicial legislation.

Drilon welcomed the timing of the Supreme Court decision, noting that its release comes as lawmakers prepare the 2027 national budget, and expressed optimism that fiscal reforms would strengthen safeguards against the misuse of public funds without eroding constitutional boundaries.