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Statutory Construction Group 3: Veto Powers of the President

Veto​ - the power vested in the Chief Executive to prevent the passage of a legislation.

Constitutional Basis of the Approval of Bills: Article VI, Section 27.

“SEC. 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.

To wit, the approval of bills is done:

1. when the President signs it


2. when the President vetoes it but the veto is overridden by ⅔ vote of all members of the house
3. when the President does not act upon the measure within 30 days after it shall have been presented to him
a. Bar Flunkers’ Act of 1953 (June 21, 1953)
b. RA 5465 - AN ACT AMENDING ARTICLE 39 OF ACT NO. 3815 (REVISED PENAL CODE)
INCREASING THE RATE PER DAY OF SUBSIDIARY PENALTY FROM TWO PESOS AND FIFTY
CENTAVOS TO EIGHT PESOS. (April 21, 1969)

Notes on the Veto Power:

● He may veto a measure upon any ground sufficient for him, as where he considers it
unconstitutional, merely inefficacious or unwise (Cruz, 2014).
● 30-day rule starts from the day of the receipt
● ⅔ of the members of each house will be sufficient to invalidate the veto and convert the bill into law
over the President’s objections
● Congress may agree on the objections and decide to revise the measure as he suggests.

Inaction on the bill passed may serve for practical purposes, based on either JUSTICIABLE or POLITICAL question.

Is partial veto allowed? The general rule is that the president must approve the bill entirely or disapprove ​in toto.

● Bolinao Electronics Corporation v. Valencia

★ Exceptions:
● Appropriation
● Revenue and Tariff Bills
● Any particular items which may which may be disapproved without affecting the item/items to which
he does not object
Rule of Presentment - every bill passed by Congress must be presented to the president for an approval or a veto,
without presentment, no bill can become a law.