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Veto Power of the President

FACTS:On 15 Jan 1992, some provisions of the Special Provision for the Supreme Court and the Lower Courts

General Appropriations were vetoed by the President because a resolution by the Court providing for appropriations

for retired justices has been enacted. The vetoed bill provided for the increase of the pensions of the retired justices of

the Supreme Court, and the Court of Appeals as well as members of the Constitutional Commission.

ISSUE:Whether or not the veto of the President on that portion of the General Appropriations bill is constitutional.

HELD:The Justices of the Court have vested rights to the accrued pension that is due to them in accordance to

Republic Act 1797. The president has no power to set aside and override the decision of the Supreme Court neither

does the president have the power to enact or amend statutes promulgated by her predecessors much less to the

repeal of existing laws. The veto is unconstitutional since the power of the president to disapprove any item or items in

the appropriations bill does not grant the authority to veto part of an item and to approve the remaining portion of said

item.

NOTES: Pocket Veto Not Allowed

Under the Constitution, the President does not have the so-called pocket-veto power, i.e., disapproval of a bill by

inaction on his part. The failure of the President to communicate his veto of any bill represented to him within 30 days

after the receipt thereof automatically causes the bill to become a law.

This rule corrects the Presidential practice under the 1935 Constitution of releasing veto messages long after he

should have acted on the bill. It also avoids uncertainty as to what new laws are in force.

When is it allowed?

The exception is provided in par (2),Sec 27 of Art 6 of the Constitution which grants the President power to veto any

particular item or items in an appropriation, revenue or tariff bill. The veto in such case shall not affect the item or

items to which he does not object.

3 ways how a bill becomes a law.

1. When the President signs it

2. When the President vetoes it but the veto is overridden by 2/3 vote of all the members of each House; and3. When the president does not act upon the measure within 30 days after it shall have been presented to him.