A Supreme Court petition assailing unconstitutional provisions of the 2024 national budget is being readied by Senate Minority Leader Aquilino “Koko” Pimentel III and veteran Albay Rep. Edcel Lagman.

Whether they will file separate petitions or consolidate their arguments into one case will have to be discussed by the two preeminent legal minds of the two legislative chambers.

“There is need to discuss the petition with Sen. Koko,” Lagman said when asked by the Lower House media about his plans in seeking to strike down alleged unconstitutional provisions of the budget law.

Pimentel revealed Wednesday (January 3) that he is set to petition the High Tribunal to declare unconstitutional the insertion of Php 449.5 billion unprogrammed fund provision in the 2024 General Appropriations Act.

Both Pimentel and Lagman decried the alleged insertion of Php 449.5 billion unprogrammed appropriations that was added in the Php 281.9 billion originally proposed by President Ferdinand Marcos Jr.

“The President’s utter failure to veto the excess items aggravates the constitutional defect,” said Lagman.

Pimentel insisted that the insertion made the actual 2024 budget larger than the P5.768 trillion outlay that Marcos signed last month.

Both lawmakers explained that the national budget is based on the National Expenditure Program that the Department of Budget and Management proposed for approval by Congress.

Under the 1987 Constitution, Congress may reduce or retain the amount requested but it is not allowed to increase the appropriations for the coming year.

“The prohibition on the Congress from increasing the appropriations recommended by the President covers both the programmed appropriations, which have available budget sources and the unprogrammed appropriations which have only contingent budget sources limited to (a) release of new loan proceeds for foreign assisted projects; (b) revenue collections from new tax laws; and c) increase in non-tax revenue collections over target,” explained Lagman.

The bicameral conference committee is being blamed for the alleged unconstitutional budget provision.