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

Concurring Opinion 2 G.R. Nos. 271059, 271347, E-02472, and,E-04036 CONCURRING OPINION GESMUNDO, C.J.: I respectfully write in relation to the above-captioned cases. These involve consolidated petitions assailing the constitutionality of several aspects of the 2024, 2025, and 2026 General Appropriation Acts (GAAs). The first case, docketed as G.R. No. 271059, is a Petition for Certiorari and Prohibition with a Prayer for Temporary Restraining Order .or Writ of Preliminary Injunction, filed by Rep. Edee! C. Lagman, Rep. Gabriel H. ,Bordado, and Rep. Mujiv S. Hataman (Lagman Petition) . .It primarily argues that the constitutional prohibition against Congress increasing the appropriations recommended by the president, applies to both Programmed and Unprogrammed Appropriations. Hence, Congress's act of increasing the amount of Unprogrammed Appropriations from PHP 281.9 billion, as proposed by the president, to PHP 731 .4. billion in the 2024 GAA, is unconstitutional. 1 The second case,. docketed as G.R. No. 271347, is a Petition for Certiorari and Prohibition filed by Aquilino "Koko" Pimentel III and Pantaleon "Be bot" Alvarez (Pimentel Petition). They argue that the president's certification of the bill which eventually became the 2024 GAA, was tainted with grave abuse of discretion as there was no public calamity or emergency. Like the Lagman Petition, it also argues that Congress's act of increasing the amount of the Unprogrammed Appropriations prop~sed by the President is constitutionally infirm.2 The third case, docketed as G.R. No. E-02472, is a Petition for Certiorari and Prohibition with an Urgent Prayer for the issuance of Temporary Restraining Order and/or Writ of Preliminary Injunction, filed by Filipinos for Peace, Justice & Progress Movement Inc. (FP JP M Petition). First, it argues that the Bicameral Conference Committee (Bicam) gravely abused its discretion when it increased the amounts in the Special Accounts in the General Fund (SAGFs) and made other insertions and increases in the 2025 GAA. FPJPM also argues that this contravenes the constitutional prohibition against Congress increasing the amount of appropriations Petition of Rep. Edee! C. Lagman et al. dated January 15, 2024. 2 Petition of Aquilino "Koko" Pimentel Ill and Pantaleon "Bebot" Alvarez dated January 24, 2024.