Joselito Malig

Article (news)

Adrian Ayalin

ABS-CBN News

MANILA -- Solicitor General Darlene Berberabe invoked before the Supreme Court the doctrine of operative fact in case the high court issued safeguards on the questioned unprogrammed appropriations in the 2024 to 2026 national budgets.The doctrine of operative fact is a legal principle wherein a court applies the invalidity of past actions done in good faith prospectively and not retroactively.Berberabe was asked by Associate Justice Japar Dimaampao in the continuation of the oral arguments on the 2024 to 2026 General Appropriations Act on what remedy could be ordered by the court with the least possible disruption in the operations of the government.“Kung hindi maiiwasan at magkakaroon ng pagdesisyon ng Supreme Court, ang pinakamaliit ang adverse impact sa executive ay doctrine po of operative fact, kung mag-iisyu ang Korte Suprema ng guardrails, iyon po ang pinaka-least disruptive,” Berberabe said.The court is currently holding oral arguments over various petitions questioning the constitutionality of certain provisions of the 2024 to 2026 national budgets particularly on  unprogrammed appropriations.Berberabe also noted mechanisms for “self-correction” in government such as the proposed law on budget modernization.“Dito po nakasaad iyon pong ating pinaguusapan na may cap ang unprogrammed appropriations, may recommended level ang deficit target, kumbaga kung ano ang pinaguusapa sa medium term fiscal framework ay gagawing batas,” Berberabe said.The ruling of the Supreme Court on the Philippine Health Insurance Corporation (PhilHealth) was also brought up during the oral arguments as one of the counsels of the petitioners, Atty. Jerico Salenga was asked by Associate Justice Amy Lazaro-Javier about the court’s decision.<div><a class="fr-strong" href="https://www.abs-cbn.com/news/nation/2026/4/7/monsod-unprogrammed-appropriations-in-2024-2026-budgets-terrible-for-good-governance-1513">Monsod: Unprogrammed appropriations in 2024-2026 budgets &#x27;terrible for good governance&#x27;</a></div>In the decision of the court en banc last year, the President did not commit grave abuse of discretion when he certified as urgent House Bill No. 8980, eventually enacted as the 2024 GAA which dispensed with the requirement of reading on three separate days and printing and distribution of copies in advance.“You want to challenged it now?” Lazaro-Javier asked.“Yes, your honor,” Salenga replied.Associate Justice Japar Dimaampao also asked Salenga if there was grave abuse of discretion on the part of Congress in accepting the certification of the President that the bill was urgent despite the absence of public emergency or calamity and Salenga answered in the affirmative.“Would that amount to judicial arrogance if we impute grave abuse of discretion for these two branches of government?” Dimaampao asked.“Your honor, we have the Constitution for that your honor and there is no arrogance if we are basing it on the Constitution and this honorable court has the expanded jurisdiction for that,” Salenga said.Due to lack of time, Chief Justice Alexander Gesmundo ordered the adjournment and the resumption of the oral arguments on June 16.<div><a class="fr-strong" href="https://www.abs-cbn.com/news/nation/2026/6/2/drilon-urges-supreme-court-to-decide-asap-on-questioned-provisions-of-2024-2026-budgets-1200">Drilon urges Supreme Court to decide ASAP on questioned provisions of 2024-2026 budgets</a></div>

Solicitor General Darlene Berberabe invoked before the Supreme Court the doctrine of operative fact in case the high court issued safeguards on the questioned unprogrammed appropriations in the 2024 to 2026 national budgets.

Solicitor General Darlene Berberabe invoked before the Supreme Court the doctrine of operative fact in case the high court issued safeguards on the questioned unprogrammed appropriations in the 2024 to 2026 national budgets.

Solgen asks for retroactive implementation of safeguards on possible SC ruling on GAA

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Solgen asks for retroactive implementation of safeguards on possible SC ruling on GAA

Adrian Ayalin,

ABS-CBN News

Published June 09, 2026 05:39 PM PHT

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OSG

Office of the Solicitor General

Supreme Court

GAA

national budget

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