Philconsa v.

Enriquez- 235 SCRA 506 [1994]

Main Point: Only the Senate President and the Speaker of the House are allowed to approve the realignment. This list is exclusive.
Facts: Petitioners assailed the validity of RA 7663 or General Appropriations Act of 1994. The said Appropriations Act contains a
special provision that allows any members of the Congress the Realignment of Allocation for Operational Expenses, provided that the
total of said allocation is not exceeded.

PHILCONSA claims that only the Senate President and the Speaker of the House of Representatives are the ones authorized under the
Constitution to realign savings, not the individual members of Congress themselves.

The President signed the law, but vetoes certain provisions of the law and imposed certain provisional conditions: that the AFP Chief of
Staff is authorized to use savings to augment the pension funds under the Retirement and Separation Benefits of the AFP.

Issue: Whether or not the President validly vetoed the questioned provisions

Ruling: Yes. Only the Senate President and the Speaker of the House are allowed to approve the realignment. Furthermore, two
conditions must be met: 1) the funds to be realigned are actually savings, and 2) the transfer is for the purpose of augmenting the items
of expenditures to which said transfer to be made.

As to the certain condition given to the AFP Chief of Staff, it is violative of of Sections 25(5) and 29(1) of the Article VI of the
Constitution. The list of those who may be authorized to transfer funds is exclusive and the AFP Chief of Staff is not included in such
list.