Neptali Gonzales v Macaraig G.R. No.

87636, November 19, 1990

FACTS: Political Law Veto Power Inappropriate Provision in an Appropriation Bill Gonzales, together w/ 22 other senators, assailed the constitutionality of Corys veto of Section 55 of the 1989 Appropriations Bill (Sec 55 FY 89, and subsequently of its counterpart Section 16 of the 1990 Appropriations Bill (Sec 16 FY 90). Gonzalez averred the following: (1) the Presidents line -veto power as regards appropriation bills is limited to item/s and does not cover provision/s; therefore, she exceeded her authority when she vetoed Section 55 (FY 89) and Section 16 (FY 90) which are provision; (2) when the President objects to a provision of an appropriation bill, she cannot exercise the item-veto power but should veto the entire bill; (3) the item-veto power does not carry with it the power to strike out conditions or restrictions for that would be legislation, in violation of the doctrine of separation of powers; and (4) the power of augmentation in Article VI, Section 25 [5] of the 1987 Constitution, has to be provided for by law and, therefore, Congress is also vested with the prerogative to impose restrictions on the exercise of that power. ISSUE: Whether or not the President exceeded the item-veto power accorded by the Constitution. Or differently put, has the President the power to veto `provisions of an Appropriations Bill. HELD: SC ruled that Congress cannot include in a general appropriations bill matters that should be more properly enacted in separate legislation, and if it does that, the inappropriate provisions inserted by it must be treated as item, which can b e vetoed by the President in the exercise of his item-veto power. The SC went one step further and rules that even assuming arguendo that provisions are beyond the executive power to veto, and Section 55 (FY 89) and Section 16 (FY 90) were not provisions in the budgetary sense of the term, they are inappropriate provisions that should be treated as items for the purpose of the Presidents veto power.