Published — July 12, 2022
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
After reading “Executive Powers of the President: Veto Power”, read also “Executive Powers of the President: Powers Relating to Revenue, Appropriation, and Tariff Measures”
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If the President approves a bill, he shall sign it; otherwise, he shall veto it.
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When a President vetoes a bill, he must veto the entire bill.
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The President is allowed to partially veto particular items in an appropriation, revenue, or tariff bill.
Generally, there are three ways for a bill to become a law. First, when it is approved by the President. Second, when the vote of the President is overridden by two-thirds of all the members of both houses. And third, upon failure of the President to veto the bill and to return it with his objections, to the House where it originated, within 30 days after the date of receipt.
What is the President’s Veto Power?
The law says:
Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves the same, he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it. (Section 27(1), Article VI, 1987 Constitution of the Philippines)
Thus, when the President vetoes a measure, he should return the measure to the House of origin, indicating his objections thereto in what is commonly known as the veto message. This veto message is thereby studied by the members of the House to see if they can possibly override the veto of the President.
As a rule, partial veto is invalid. When a President vetoes a bill, he must veto the entire bill. However, the President is allowed to partially veto particular items in an appropriation, revenue, or tariff bill.
The law says:
The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object. (Section 27(2), 1987 Constitution)
The reason of the vetoed item must still be specified in the journal where the yeas and nays of the voting are recorded.
However, while item veto is allowed in cases of appropriation, revenue, or tariff bills, the President must still veto the entire line. The President cannot disapprove one part of the line in an item while approving the other part of the same line in the same item. Thus, line veto is not allowed.
Jurisprudence says:
The Constitution provides that only a particular item or items may be vetoed. The power to disapprove any item or items in an appropriate bill does not grant the authority to veto a part of an item and to approve the remaining portion of the same item. (Gonzales vs. Hon. Macaraig, G.R. No. 87636. November 19, 1990)
Can the veto of the President still be overridden?
Yes. To override the President’s veto, at least 2/3 of all the members of each house must agree to pass the bill. (Section 27(1), 1987 Constitution) In such case, the veto is overridden and the bill becomes the law without need of presidential approval.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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