271059/271347/E-02472/E-04036  Concurring and Dissenting Opinion: Justice Jhosep Y. Lopez — Official PDF

Concurring and Dissenting Opinion 21 G.R. Nos. 271059, 271347, E-02472 & E-04036 Section 27. 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. The purpose of the President's item-veto power in appropnat10n, revenue, or tariff bills "rests on a variety of policy goals such as to prevent log-rolling legislation, impose fiscal restrictions on the legislature, as well as to fortify the executive branch's role in the budgetary process."86 Since an , app~c:ipriation or revenue measure. i.s indispe:n:sa~le to the operation of the government, the "item veto power" ensures that the President may still block the objectionable features of a presented bill without having to veto the entire bill. 87 To override the President's veto, the vote of two-thirds of all members of Congress is required. 88 Another factor in play in budget legislation is the time within which Congress should pass the general appropriations bill to the President. Pursuant to Article VI, Section 25(7)89 of the Constitution, Congress shall submit the general appropriations bill by the end of the fiscal year to the President, otherwise, the GAA for the preceding fiscal year shall be deemed reenacted and shall subsist until the general appropriations bill is passed by Congress. The evident purpose of the reenactment of the previous GAA is for the continuous delivery of government offices of their mandated services. Along this line, the President can also certify the necessity of the , immediate enactment, of the budget to meet public calamity or emergency pursuant to Article VI, Section 26(2) of the Constitution, in which case the requirement of three readings on separate days and of printing and distribution can be dispensed with as mentioned in the discussion above. Finally, the reievant provision, Article VI, Section 25(1) of the Constitution states: 86 Belgica v. Hon. Exec. Sec. Ochoa. Jr .. 721 Phil. 416, 550 (2013) [Ped. Perlas-Bernabe, En Banc]. (Citations omitted) 87 Bengzon v. Drilon, 284 Phil 245,_26 l (19~2) [Per J. Gutierrez. Jr., En Banc]. 88 CONST., a.4:. VI, sec. 27(1). 89 CONST., art. Vl, sec. 25(7) states: (7) Jf, by the end of m1y fiscal year, the Congress shali have failed to pass the general appropriations bill for the ensuin.g'fiscal year, th~ general appn)priations law for the_pr~ceding ~seal year s~1al1 be ,deemed reenacted and shall remain iri force and effect until the generil appropriations bill is passed by the Congress.