House Senior Deputy Minority Leader Edgar Erice remains determined to bring the approved unprogrammed appropriations (UA) under the 2026 National Budget to the Supreme Court, despite the fund being partially vetoed by President Ferdinand “Bongbong” Marcos.

The UA, which originally amounted to P92.5 billion, is being questioned by Erice as unconstitutional, citing Section 22 of Article VII of the Philippine Constitution.

He stressed that government expenditures must come from clearly identified sources of funding, which he argues is not the case with unprogrammed appropriations.

In an interview with DZRH’s Damdaming Bayan, Erice also referenced a Supreme Court ruling on the PhilHealth case, highlighting the opinion of Associate Justice Raul Hernando, which stated that all forms of unprogrammed appropriations are unconstitutional.

“Maski si Justice Hernando, sinabi niya sa kanyang desisyon, separate opinion sa Philhealth, all forms of unprogrammed funds are unconstitutional,” the lawmaker said.

“So idadulog na natin para ngayon, for this year or next years, merong maliwanag na guidance sa Supreme Court pagdating sa unprogrammed appropriations dahil nagagamit ito sa mali,” he added.

Under the 2026 budget, the UA has been reduced to P150.9 billion, marking the lowest level since 2019.

Meanwhile, defending the allocations, acting Budget Secretary Rolando Toledo clarified during a palace presscon on Monday that the UA is not illegal.

He described it as a “standby authority” that can only be used under clearly defined and legal conditions, such as the availability of extra revenues or loans, and in compliance with strict validation procedures.