Beruflich Dokumente
Kultur Dokumente
*
G.R. No. 87636. November 19, 1990.
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_______________
* EN BANC.
453
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454
455
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456
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MELENCIO-HERRERA, J.:
457
458
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460
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461
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Judicial Determination
463
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“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.”
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“Section 20 (2). The Prime Minister 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.”
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(FY ‘89) and Section 16 (FY ‘90) are not provisions in the
budgetary sense of the term. Article VI, Section 25 (2) of
the 1987 Constitution provides:
468
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471
“Sec. 44. x x x
“The President shall, likewise, have the authority to augment
any appropriation of the Executive Department in the General
Appropriations Act, from savings in the appropriations of another
department, bureau, office or agency within the Executive
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_______________
472
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475
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Although House Bill No. 727 had been vetoed by the President
and did not thereby become a regular statute, it may at least be
considered as a concurrent resolution of the Congress formally
declaring the termination of the emergency powers. To contend
that the Bill needed presidential acquiescence to produce effect
would lead to the anomalous, if not absurd, situation that, while
Congress might delegate its powers by a simple majority, it might
not be able to recall them except by two-thirds vote. In other
words, it would be easier for Congress to delegate its powers than
to take them back. This is not right and is not, and ought not, to
be the law.
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“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 Journals. 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.”
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484
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487
——o0o——
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