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PHILCONSA Vs ENRIQUEZ

This document summarizes a Philippine Supreme Court case from 1994 regarding a challenge to the president's veto of a special provision in the annual General Appropriations Act. The special provision concerned the appropriation for debt service and imposed conditions on how the funds could be used. The Court held that the president's veto of just the special provision, without vetoing the entire appropriation amount for debt service, was unconstitutional. The president can only veto an entire item in an appropriations bill, not parts of it. The Court dismissed the petitions except as they related to annulling the veto of the special provision on debt service.

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Eurica Labay
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56 views1 page

PHILCONSA Vs ENRIQUEZ

This document summarizes a Philippine Supreme Court case from 1994 regarding a challenge to the president's veto of a special provision in the annual General Appropriations Act. The special provision concerned the appropriation for debt service and imposed conditions on how the funds could be used. The Court held that the president's veto of just the special provision, without vetoing the entire appropriation amount for debt service, was unconstitutional. The president can only veto an entire item in an appropriations bill, not parts of it. The Court dismissed the petitions except as they related to annulling the veto of the special provision on debt service.

Uploaded by

Eurica Labay
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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G.R. No.

113105 August 19, 1994

PHILIPPINE CONSTITUTION ASSOCIATION, EXEQUIEL B. GARCIA and A.


GONZALES, petitioners,
vs.
HON. SALVADOR ENRIQUEZ, as Secretary of Budget and Management; HON. VICENTE
T. TAN, as National Treasurer and COMMISSION ON AUDIT, respondents.

FACTS: On December 17, 1993, the House Bill 10900 or the General Appropriations Bill of
1994 was passed and approved by the Congress, The Bill imposed several conditions and
limitations on certain items of appropriations previously proposed by the President. It also
authorized members of Congress to propose and identify projects in the "pork barrels" allotted
to them and to realign their respective operating budgets.

On December 30, 1993, the President signed the bill into law, and declared the same
to have become R.A. 7663 On the same day, the President delivered his Presidential Veto
Message, specifying the provisions of the bill he vetoed and on which he imposed certain
conditions.

The PHILCONSA, Exequiel B. Garcia, and Ramon A. Gonzales as taxpayers, prayed


for a writ of prohibition to declare as unconstitutional and void several provisions and the veto
of the President of the Special Provision of Article XLVIII of the GAA of 1994. Petitioners
claim that the President cannot veto the Special Provision on the appropriation for debt
service without vetoing the entire amount of P86,323,438.00 for said purpose, The Solicitor
General counter posed that the Special Provision did not relate to the item of appropriation for
debt service and could therefore be the subject of an item veto.

ISSUE: Whether the veto of the special provision in the appropriation for debt service and the
automatic appropriation of funds therefore is constitutional or not.

HELD: The veto power, while exercisable by the President, is actually a part of the legislative
process. That is why it is found in Article VI on the Legislative Department rather than in
Article VII on the Executive Department in the Constitution. There is, therefore, sound basis to
indulge in the presumption of validity of a veto. The burden shifts on those questioning the
validity thereof to show that its use is a violation of the Constitution.

Under his general veto power, the President has to veto the entire bill, not merely parts
thereof (1987 Constitution, Art. VI, Sec. 27[1]). The exception to the general veto power is the
power given to the President to veto any particular item or items in a general... appropriations
bill (1987 Constitution, Art. VI, Sec. 27[2]). In so doing, the President must veto the entire item.

The vetoed provision on the debt servicing is clearly an attempt to repeal Section 31
of P.D. No. 1177 (Foreign Borrowing Act) and E.O. No. 292, and to reverse the debt payment
policy. As held by the court in Gonzales, the repeal of these laws should be done in a
separate law, not in the appropriations law.

The Court’s ruling is that the petitions are DISMISSED, EXCEPT with respect to
G.R. Nos. 113105 only insofar as they pray for the annulment of the veto of the special
provision on debt service specifying that the fund therein appropriated "shall be used for
payment of the principal and interest of foreign and domestic indebtedness" prohibiting
the use of the said funds "to pay for the liabilities of the Central Bank Board of
Liquidators",

Tubera, Crisjan - | JD 1-5

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