No need for ‘savings transfer provision’ in Constitution

Section 25(5) of Article VI (on the Legislative Department) of the 1987 Philippine
Constitution states: “No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations.”

Should there be an opportunity to amend, revise or rewrite any part of the Constitution or the whole Constitution itself, this provision, among others, should be expunged. It contravenes other constitutional provisions while it does not stand on solid ground. The authorities, branches and agencies of government authorized by this provision can be challenged because the provision is by itself nebulous. It can give rise to arguments, debates and dissension within government or may even result in a constitutional crisis.

An example of its infirmity: In the General Appropriations Act, the amounts equivalent to the 13th-month pay and/or the Christmas bonus of those serving in the government on a regular basis are indicated.

How can savings in any particular office or agency be divided among its regular employees and officials and given to them as additional Christmas bonus? The additional Christmas bonus is not provided for in the General Appropriations Act. No wonder, some positions are deliberately left unfilled or kept vacant so that there will be savings at the end of the year, from which to source a second Christmas bonus!

In the crafting of the annual budget, more thought should be given to making project cost estimates. The Philippine Commonwealth (the American colonial government in the Philippines) and our own government since the restoration of Philippine independence on July 4, 1946, have amassed enough experience (of over 114 years) to make better estimates of project costs and annual budgets.

Why do we still experience significant over- and underestimates in our annual budgeting process? Why do we resort to fund transfers which are unconstitutional? Why don’t we return to the National Treasury all surplus funds and savings? Why don’t we ask Congress for supplemental appropriations and budgets to ensure completion of projects? What keeps us from doing the right thing?

Does every administration have hidden motives?

This blatant pretense and deception should end! Please do not underestimate the patience of the people!

—APOLONIO G. RAMOS,
42 Mindanao St.,
Marikina City