Distinguish between “pocket veto” and “item veto.” (2%)
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A pocket veto occurs when a bill is deemed rejected by presidential inaction during congressional adjournment, whereas an item veto is an express disapproval of specific items in an appropriation, revenue, or tariff bill. Under Article VI, Section
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Quick check
Which type of veto allows the President to reject specific provisions of a legislative bill without disapproving the entire measure?
An item veto permits the President to reject specific items in appropriation, revenue, or tariff bills while approving the rest.
Why is the doctrine of pocket veto inapplicable under the 1987 Philippine Constitution?
Under Section 27(1), Article VI, a bill lapses into law after thirty days of presidential inaction, preventing pocket vetoes.
To which specific types of legislative measures does the presidential item veto power apply?
The Constitution restricts the presidential item veto specifically to appropriation, revenue, and tariff measures.
What vote of Congress is required to override a regular presidential veto?
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What happens to the unvetoed portions of an appropriation bill when the President exercises an item veto?
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Learn more about these topics
1. Presidential Veto Power
Under Article VI, Section 27 of the 1987 Philippine Constitution, the President possesses veto power over bills passed by Congress. When the President disapproves a bill in its entirety, it is returned to the house of origin with objections. Congress may override a regular veto by a two-thirds vote of all members of each House. This mechanism maintains the balance of power between the executive and legislative branches in statutory enactment.
2. Item Veto Rule
The item veto is an exception to the general rule that the President must approve or veto a bill as a whole. Under Section 27(2), Article VI of the Constitution, the President is authorized to veto particular items in an appropriation, revenue, or tariff bill without affecting the other items that he does not object to. The vetoed items do not take effect, while the unobjected provisions become law.
3. Pocket Veto Inapplicability
A pocket veto occurs when an executive's failure to sign a bill during legislative adjournment results in its automatic rejection. In Philippine constitutional law, the pocket veto doctrine does not apply. Under Section 27(1), Article VI, if the President fails to act on a bill within thirty days after receipt, the bill automatically lapses into law regardless of whether Congress is in session or adjourned.