OSG seeks SC leeway for gov’t to fix budget flaws

The Office of the Solicitor General (OSG) will ask the Supreme Court (SC) to review portions of its ruling on the national budgets for 2024, 2025 and 2026, arguing that Congress and the executive branch should be given room to correct budget issues within their constitutional powers.

Solicitor General Darlene Marie Berberabe said the government respects the high court’s ruling on unprogrammed appropriations but seeks clarification on the safeguards governing the implementation of the 2026 national budget.

At a Palace briefing on Thursday, Berberabe said the OSG wants the SC to clarify which safeguards are constitutionally required and which should be left to Congress and the executive branch, given their respective powers over the national budget.

She cited revisions already made by the two branches, including changes to lump-sum appropriations and the removal of certain provisions from the 2026 budget, as evidence that budget issues can be addressed through corrective measures.

Berberabe said the government would argue that the branches entrusted by the Constitution with preparing, enacting and implementing the budget should be allowed to correct deficiencies within their authority.

The OSG is also examining whether certain aspects of the high court’s ruling could constitute judicial overreach, she said.

The legal move follows the SC’s ruling on unprogrammed appropriations and other budget provisions, which established constitutional limits and safeguards for the release and use of public funds.

The dispute centers on how those safeguards should be applied while preserving the respective constitutional responsibilities of the executive and legislative branches.