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271059/271347/E-02472/E-04036 Representative Edcel C. Lagman, substituted by Albay First District Representative Krisel B. Lagman, et al. Vs. The Congress of the Philippines, et al./Aquilino “Koko” Pimentel III and Pantaleo “Bebot” Alvarez Vs. Lucas P. Bersamin, in his capacity as executive secretary, and Amenah F. Pangandaman, in her capacity as secretary of the Department of Budget and Management/Filipinos for Peace, Justice and Progress Movement, Inc. (FPJPM), represented by its president and chairperson, Joseph F. Cadsawan, and Gloria T. Puzon, chapter Officer Vs. The House of Representatives, et al./Edgar R. Erice and Leila De Lima Vs. The Senate of the Philippines, et al. — Official PDF
271059/271347/E-02472/E-04036 — Promulgated October 7, 2026 · 2026 · Supreme Court 2026 / Decision or signed resolution
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DIGITAL P. 87 / 121
Decision 87 G.R. Nos. 271059, 271347, E-02472 and
E-040j6
I MRT-4 Project I 2.93 billion I
The North-South Commuter Railway System and the Metro Manila
Subway Project Phase I have funding gaps of PHP 53.93 billion and PHP
52.63 billion, respectively. The LRT-1 Cavite Extension Project had a
funding gap of PHP 1.62 billion. On the other hand, the PNR South Lorig
Haul Project and the MRT-4 Project did not receive any funding. i
There were also other DOTr projects placed under Unprogramm~d
Appropriations, specifically under Support to Foreign-Assisted Project~,
namely: '
PROJECT Amount (PHP)
I. New Communications and 1.25 billion
Navigation Surveillance
2. Davao Public Transport 1 billion
Modernization Proiect
3. Cebu Bus Rapid Transit Proiect 700 million
4. Maritime Safety Enhancement 624.8 million
Project
5. Infrastructure Preparation and 380 million
Innovation Facilitv
6. EDSA Greenwavs Proiect 262.9 million
7. Maritime Safety Capability 133 .8 million
Improvement Proiect, Phase I
8. New Bohol Airport Construction 97 million
Similarly, there were projects of other departments or ageµcies th~t
were placed under Unprogrammed Appropriations- Support to FAP, namely:
(1) DAR's Support to Parcelization of Lands for Individual Titling (PHP
813.4 million); and (2) DOF's Philippine Customs Modernization Projept
(PHP 705.3 million) and Local Governance Reform Project (PHP 132:5
million). '
i
The increase in unprogrammed appropriations and/or transfer of a PAP
from programmed to unprogrammed appropriations without a correspondil).g
reduction ~n the programmed appropriations ~ffe~tively inc:eased the t~tfJ
appropriat10ns proposed by the president. This v10lates Article VI; Section·
25(1) of the 1987 Constitution and is, therefore, unconstitutional.
!
From the foregoing, it can be observed that excluding the
Unprogrammed Appropriations from the prohibition against increasing
appropriations may give rise to potential abuses:
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