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

Concurring Opinion 24 G.R. Nos. 271059, 271347, E-02472,and E-04036 HON. DIOKNO: Definitely, Your Honor. Because, as I said, any project delays is costly. For example, they remove funding for the subway system that's supposed to be finished by 2029, right-of-way appropriation for the subway, and also the North-South Rail System, they removed and they put it under unprogrammed. That will cause a delay of at least five years in the implementation of that project. At the same time, because it's delayed, then we have to pay what is called c·ommitment fee to the lending agency, and that's usually around quarter of l %.76 Hence, inasmuch as Congress retains the discretion to transfer PAPs from programmed to unprogrammed, and vice versa, it cannot exercise such discretion to the extent of already violating the government's valid and existing obligations. This does not only result to actual monetary penalties but may also affect the reputation of the Philippines as a contracting pai1y both locally and internationally. ACCORDINGLY, I concur. 7 1<, Oral Arguments, TSN, Hon. Benjamin E. Oiokno, April 7, 2026, pp. 11 2- 11 3.