MANILA (UPDATE) — Sen. Koko Pimentel on Monday raised 3 possible constitutional issues in the 2025 national budget.

The Bicameral Conference Committee last week submitted its version of the proposed national budget for 2025, which is expected to be signed by President Ferdinand Marcos Jr. before Christmas.

While the bicam, which has members from the House and Senate, submitted its version of the budget on time, it has also earned criticism for removing the subsidy to the Philippine Health Insurance Corp. and slashing funding for the Department of Education.

Speaking on ANC, Pimentel, Senate minority leader, said infrastructure projects getting more budget priority than the education sector in the proposed 2025 budget could be a constitutional issue. 

The Department of Education saw its budget slashed by around P12 billion, gutting its computerization program.

According to the 1987 Constitution, the government should assign the highest budgetary priority to education.

WRAP: Cuts to DepEd, PhilHealth as 2025 budget bill nears finish line

Pimentel also pointed out that the unprogrammed appropriations level in the bicam report was higher than the original unprogrammed appropriations level in the president's budget proposal. 

"It is higher by P373 billion. So, there are two constitutional provisions affected here. Ang sabi kasi, the principal one, the appropriations recommended by the president cannot be increased by Congress," he said.

Pimentel noted a third possible constitutional issue: the possibly unnecessary certification as urgent of the proposed 2025 national budget. 

"This is a budget bill. This is an annual ritual. Congress does this all the time. Meron talagang budget calendar or budget season. So this is a predictable phase in the legislative process. So what’s the point in issuing this presidential certification of urgency. What is the emergency steering us right into our faces? Wala naman eh," he said.  

READ: Angara laments slashed DepEd funds in 2025 national budget

In a press release, Senator Pia Cayetano on Saturday expressed disappointment over the final version of the 2025 national budget, particularly the budget cuts to the Department of Health (DOH) and the Department of Education (DepEd).

"Education is long-term, right? ‘Yan ang investment natin sa future natin. And the Constitution requires that DepEd, education receive the highest budget. The two agencies that I handled are to me talagang napakaimportante sa buhay ng mga kababayan natin," Cayetano added.

Former Senator Panfilo Lacson however pointed out that the constitution does not specifically require that the Department of Education get the highest budget.

"The DepEd budget cut per se is not unconstitutional. It is the act of Congress to "assign the highest budgetary priority" to DPWH (infrastructure) instead of DepEd, SUCs, CHED, TESDA or the entire education sector (P912B) that violates Art XIV Sec 5(5) of the 1987 Constitution," Lacson said on social media.

Lacson points out that the combined budget of the agencies in charge of education--Deped, Commission on Higher Education, Technical Education and Skills Development Authority and State Universities and Colleges is still less than the Department of Public Works and Highways.

"Even if we consolidate the budgets of the entire education sector, the total amount will still be lower compared to the budget of DPWH.  Thus - P737B (DepEd) P122B ( SUCS) P21B TESDA  P33B (CHED) -  for an overall total of P912B compared to the  P1.113T budget of DPWH after the bicameral conference," Lacson said.

Former Senate President Franklin Drilon had the same belief.

"The constitution does not contemplate that only the budget of the DepEd would be considered as a budget for the education sector. Certainly the others involved in education CHED for example and TESDA they are properly pertaining to the education sector. So it is not correct to say that since, it should only be the DepEd budget which should be considered. Because the Constitution does not say DepEd. It just says education as a sector. So the interpretation that it is unconstitutional, in my humble opinion, has no basis," Drilon said in a phone interview.

Still, Drilon and other lawmakers see a remedy for the education budget.

Drilon shot down calls by  budget critics for the President to veto the various fund reductions in the budget as these will not reduce the amounts Congress took away. The remedy, he said, is for the president to rechannel funds.

"Eh di nawala. When you veto the reduction, you in effect have a zero budget for that particular item. You do not restore the item by vetoing the line in the budget that does not meet your approval. What the President can do  is approve it and he traditionally says there are conditional vetoes, meaning to say that there are items which he may review and not release the amounts. Remember that the budget is only an authority to spend. And by constitutional check and balance, the authority to spend can be witheld by the president through his power of releasing public funds by that way he can have items which are not fully utilized and such items can be realigned to education," he said.

"So what the President can do in order to fill the gap, if he feels that it is warranted, is to withhold releases of certain appropriations. And then there will be savings in those items of appropriation which he can realign to the education budget if that is his policy decision. So it is not as if there is no remedy. If the president feels that the education budget was not given sufficient support, he can sign the budget in the course of the year. Then he can withhold releases to certain departments where he feels that the appropriation is not necessary. It is only the constitutional bodies which enjoys the automatic releases of the appropriations and these are the constitutional bodies of the Supreme Court, Congress," he added.

Senator Imee Marcos thus called on her brother, President Ferdinand Marcos, Jr. to address the fund reductions.

"Nananawagan ako sa aking kapatid, ang ating mahal na Pangulong Bongbong - kung mahina ang aking boses mag-isa, ngayon nawa ay marinig mo ang sama- samang sumamo ng taumbayan. Noong ikaw ay nagSONA, nagsabi ka ng mga proyektong dapat unahin- ngayon, sinusuway ka ng ilang taong akala mong makabubuti para sa sayo at sa bayan. Nakikiusap ako, pakitutukan mo ang isyu ng pondo at badyet; at ipaalala na ang pakikialam ng mga mambabatas sa ilang departamento at sangay ng gobyerno ay labag sa batas at sa konsensya ng tao. Ayaw kitang mapahamak, ayaw kong mabigo ang pamamahala mo. Mag-ingat tayo sa mga pinagkakatiwalaan, at pakinggan ang boses ng taumbayan para sa kapakanan ng mas nakararami at nangangailangan." Senator Marcos said in a statement.

In a statement, Poe stood by the bicameral panel's output.

"The proposed 2025 budget went through an exhaustive process, and approved by majority members of both the Senate and the House.   Working with finite resources to fund infinite needs is an not an easy choice, but what we have reflects the careful decisions made within the constraints we face. We reiterate that the education sector remains a priority, as we have increased the budget for students and teachers. We fully recognize the President's prerogative over the budget," Poe said.