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271059/271347/E-02472/E-04036 Concurring and Dissenting Opinion: Justice Maria Filomena D. Singh — Official PDF
271059/271347/E-02472/E-04036 — Promulgated October 7, 2026 · 2026 · Supreme Court 2026 / Separate opinion
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DIGITAL P. 15 / 37
Concurring and Dissenting Opinion 15 G.R. Nos. 271347, 278353,
E-02472 & E-04036
normalize the situation or living conditions in areas or communities stricken
by disasters, calamities, epidemics, or complex emergencies. 42
During the budget execution, the President is also constitutionally
permitted, by way of exception, to transfer appropriations under strict
conditions.43 This mechanism, lmown as augmentation, allows flexibility
when there is deficient funding for some PAPs, on one hand, and actual
savings, on the other.44 During the height of the Covid-19 pandemic, this
mechanism enabled the government to utilize approximately PHP 266 billion
in programmed appropriations for targeted social amelioration programs.45
Funding Source for Covid-19 Allotment Release
Response (in million PHP)
Discontinued P APs 266,235.3
Regular Agency Bud11:et 10,245.6
NDRRMF . ' 1,136.0
Contin11:ent Fund 553.1
UAs 96,719.9
Total 374,888.1
The Contingent Fund, Calamity Fund, and transferred appropriations
are all integrated within the expenditure cap proposed by the President and
approved by Congress. Unlike UAs, they are part of the govem1nent's fiscal
forecast and do not rely on windfall receipts.
From 2022 to 2025, the UAs authorized by Congress through the GAAs
have substantially surpassed the UAs proposed by the President in the
National Expenditure Program (NEP). As a result, the total appropriations
(programmed, unprogrammed, and automatic) in the GAA for 2022 to 2024
exceeded the total appropriations contained in the NEP:
GAA Year Unprogrammed Appropriations Amount of
NEP GAA increase
2022 151,639,197,000 251,639,197,000 100,000,000,000
2023 588,162,480,000 807,162,480,000 219,000,000,000
2024 281,908,056,000 731,448,566,000 449,540,510,000
2025 158,665,456,000 531,665,456,000 373,000,000,000
42 Id., sec. 22(c).
43 CONST., art. V1, sec. 25(5)
44 See Arau/lo v. Aquino, 737 Phil. 457 (20i4) [Per J. Bersamin, En Bar.c].
45 Department of Budget and Management, Status of COVID-19 Releases, available. at
bttps:;/\nvw .Q.bm.gov .ph,iini.:kx. phpistatlJ..~.Q.f-cqyj_i;l- l ~-refoJses.
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