271059/271347/E-02472/E-04036 Concurring Opinion: Chief Justice Alexander G. Gesmundo — Official PDF

Concurring Opinion 19 G.R. Nos. 271059, 271347, E-02472, and E-04036 ASSOCIATE JUSTICE CAGUIOA: And when you are not satisfied with the explanations of the executive, that is when you decide to either reduce or increase? HON. DRILON: Among others, sir, because policy issues can also come in, which policies can be pursued with the appropriate budgetary support. ASSOCIATE JUSTICE CAGUIOA: . Have you eve~ encountered .a situation wfoere. rongress makes a decision to completely defunct an existing PAP or to delete a PAP? HON. DRILON: Off the top of my head, yes, sir. I would not discount the possibility that the budget - or Congress would completely disagree with the cabinet on the matter of pursuing a particular project or program. And depending on the extent of the disagreement, the_ budget would be affected in terms of how much should be allocated. ASSOCIATE JUSTICE CAGUIOA: So that is the check and balance? HON. DRILON: That's correct, sir. ASSOCIATE JUSTICE CAGUIOA: But when you do the check and balance, you are still, at their back of your mind, still aligned with the priority development programs. It is not simply ... ah wala 'yan! ' · HON. DRILON: Well, sir, the development program-in crafting the development program, Congress has no participation, and Congress is the policy-making body. Therefore, it is not unusual for Congress to put in what they feel should be the policy thrust of the government because under our system of government, Congress is supposed to be the policymaking body. And in pursuit of that policy, Congress appropriates funds, and that's part of our check and balance. If the President does not agree with that policy thrust of Congress, he can veto that particular item.67 HON. DRILON: It is our humble submission, Mr. Justice, Your Honor, that the executive branch would not have a monopoly of what a policy should be. And that is precisely why you have a system wherein you have the executive and the legislative having to interact with each other. And having said that, Congress would have the power to appropriate funds in order to pursue a policy, because that's how 67 Oral Arguments, TSN, Hon. Franklin M. Drilon, June 16, 2026, pp. 121-122. I