b. Presidential Veto and Congressional Override

Veto powers

1987 CONST., art. VI, sec. 27

> SECTION 27. (1) 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. (2) 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.

Congressional pork barrel violates the President’s power to item-veto

The President cannot exercise his item-veto power because the purpose of the lump-sum discretionary budget is still uncertain. Furthermore, it cannot be considered an item because an item is defined in the field of appropriations as the particulars, details, distinct and severable parts of the appropriation or of the bill. (Belgica v. Hon. Ochoa, G.R. No. 208566, Nov. 19, 2013)

Section 27, Article VI defines the only way for the President to veto a bill.

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 a veto message so that the same may be studied by the members for possible overriding of his veto.

General Rule: The President must approve a bill in its entirety or disapprove it in toto.

Exception: The exception applies to appropriation, revenue and tariff bills, any particular item or items of which may be disapproved without affecting the item or items to which he does not object.

To override the President’s veto, at least ⅔ of ALL members of each house must agree to pass the bill. In such case, the veto is overridden and the bill becomes law without need of presidential approval.

Presidential Veto

Every bill passed by Congress shall be presented to the President before it becomes law. To approve, he shall sign it. Otherwise, he shall veto the bill. (PHIL. CONST., art. VI, § 27(1).)

Overriding a Veto

If the President vetoes a bill, he shall return it with his objections to the House where it originated. If, after such reconsideration, 2/3 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 2/3 of all the members of that House, it shall become law.

To override the veto, at least 2/3 of all the members of each House must agree to pass the bill. In such case, the veto is overridden and becomes a law without need of presidential approval. (PHIL. CONST., art. VI, § 27(1).)

Exceptions

• When the President vetoes a bill, he returns it with his objections to the House where it originated, which shall then 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.;
• The bill lapsed into law because of the President’s failure to act on the bill within thirty (30) days [Section 27, Article VI, 1987 Constitution]; and
• The bill passed is the special law to elect the President and Vice-President.

Type of Item Bill

VETO OF RIDER - A rider is a provision that does not relate to a particular appropriation stated in an appropriation bill. Being an invalid provision under Section 25 (2), the President may exercise item veto.

UP NOTES

Procedure for Passage of Bills

SECTION 27(1), ARTICLE VI. 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.

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Generally, there are 3 ways for the bill to become a law:

• When it is approved by the President;
• When the veto of the President is overridden by a two-thirds vote of all the members of each House;
• 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

The President’s Veto Power

Section 27, Article VI defines the only way for the President to veto a bill.

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 a veto message so that the same may be studied by the members for possible overriding of his veto.

General Rule: The President must approve a bill in its entirety or disapprove it in toto

Exception: The exception applies to appropriation, revenue and tariff bills, any particular item or items of which may be disapproved without affecting the item or items to which he does not object.

To override the President’s veto, at least ⅔ of ALL members of each house must agree to pass the bill. In such case, the veto is overridden and the bill becomes law without need of presidential approval.

President’s veto power on appropriation, revenue, tariff bills

SECTION 27(2), ARTICLE VI. 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.