Case Digest No.

13
Neptali Gonzales, et al. vs. Catalino Macaraig, Jr., et al.
G.R No. 87636, November 19, 1990

FACTS:
President Corazon Aquino vetoed Section 55 of the GAA for FY 1989 and Section 16 of
the GAA for FY 1990. The reason cited by President Aquino is that these two sections
will be preempted or limited by the President, and Senate President. Chambers,
chairpersons of constitutional commissions, and chairpersons of the Central Committee
on the renewal or increase of appropriations items recommended by the President,
whose recommendations have already been reduced or disapproved by Congress by
attacking the GAA. Indeed, these sections eliminate the statutory and constitutional
authority of the above officials to raise everything in the GAA for their respective offices
from the savings of other items in their allocation.

ISSUE:
Whether or not the presidential veto of GAA section 55 for the fiscal year 1989 and GAA
section 16 for the fiscal year 1990 is constitutional.

DECISION:
Yes, the presidential veto of GAA § 55 for FY 1989 and GAA § 16 for FY 1990 is
constitutional. These sections were vetoed because they violated section 5(5) of Art. VI
of the 1987 Constitution, which gives the President, the President of the Senate, the
President of the House of Representatives, the Chairmen of Constitutional
Commissions, and the Court of Justice of the ÚS the power to grant any item that can
be added to the General Appropriations Act of their individual offices saving other items
in their allocation.

This constitutional mandate, also known as the power to increase, is enshrined in law in
Sections 44 and 45 of PD 1177, which authorizes the president to use savings to
increase any appropriation of the executive department.

Congress has the power to override a veto in both chambers by having 2/3 of the
members of each chamber agree, but Congress has not chosen to do so. At the same
time, s 55 GAA 1989 and s 16 GAA 1990 should not be regarded as repealing PD 1177,
particularly as implied repeals are rejected.