Bengzon v. Drilon

Bengzon v. Drilon

G.R. No. 103524 April 15, 1992

Gutierrez, Jr., J.

Facts:

                On 15 Jan 1992, some provisions of the Special Provision for the Supreme Court and the Lower Court’s 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 the President may veto certain provisions of the General Appropriatons Act

Held:

                The act of the Executive in vetoing the particular provisions is an exercise of a constitutionally vested power.  But even as the Constitution grants the power, it also provides limitations to its exercise.  The Executive must veto a bill in its entirety or not at all. He or she is, therefore, compelled to approve into law the entire bill, including its undesirable parts.  It is for this reason that the Constitution has wisely provided the “item veto power” to avoid inexpedient riders from being attached to an indispensable appropriation or revenue measure.  What was done by the President was the vetoing of a provision and not an item.

Doctrine: Pocket Veto Power

                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; and

3.        When the president does not act upon the measure within 30 days after it shall have been presented to him.