Presidential Veto and Congressional Override in the Philippines

Under the 1987 Philippine Constitution, the power of presidential veto and the congressional override mechanism are integral checks and balances between the executive and legislative branches of government. These principles ensure that the law-making process undergoes rigorous scrutiny, balancing the interests of both branches in the governance process.

A. Presidential Veto Power

The veto power is the authority vested in the President of the Philippines to reject a bill passed by Congress (i.e., both the House of Representatives and the Senate). This power is provided under Article VI, Section 27(1) of the 1987 Constitution.

1. Types of Veto

General or Absolute Veto: This type of veto allows the President to reject a bill in its entirety. When the President exercises this veto, the whole bill is sent back to Congress with his objections.
Line-item Veto: Under Article VI, Section 27(2) of the 1987 Constitution, the President may exercise a line-item veto on appropriation, revenue, or tariff bills. This means the President can veto specific provisions or items in such bills without vetoing the entire measure. This power enables the President to reject certain allocations or tax measures while allowing the rest of the bill to become law.

2. Requirements for a Veto

Time Limit: The President must act on a bill within 30 days from the time it is presented to him. If the President fails to act within this period, the bill automatically becomes law as if he had signed it (known as pocket approval).
Communication of Veto: When vetoing a bill, the President must return the bill with his written objections to the originating house of Congress. The veto message is crucial because it informs Congress of the specific reasons why the bill is unacceptable.

3. Effects of a Veto

Once the bill is vetoed, it does not become law unless Congress overrides the veto.
The line-item veto applies only to appropriation, revenue, or tariff bills. If a vetoed line item is overridden by Congress, the bill will become law with the overridden items restored.

B. Congressional Override of the Presidential Veto

Under Article VI, Section 27(1) of the Constitution, Congress has the power to override a presidential veto.

1. Requirements for Override

For Congress to override a veto, the following conditions must be met:

Two-thirds Vote: The vetoed bill must be approved by a two-thirds vote of all members of each house (House of Representatives and Senate), voting separately.
- The "two-thirds" requirement means that it is not merely two-thirds of those present in the session, but two-thirds of the total membership of each chamber. This makes overriding a presidential veto a significant challenge and ensures that only those measures with substantial legislative support can bypass the executive disapproval.

2. Procedure for Override

Upon receipt of the President’s veto, the house where the bill originated (either the House of Representatives or the Senate) will reconsider the bill. If two-thirds of the total members of that house approve the bill despite the veto, it will be sent to the other house for reconsideration.
If the second house also achieves a two-thirds majority in favor of the bill, the veto is overridden, and the bill becomes law without the President’s signature.
The process requires a vote of "yeas" and "nays" which must be recorded in the journal of each house.

3. Limits on Congressional Override

A vetoed bill can only be subject to an override vote if it is reconsidered during the session when it was originally passed. If Congress adjourns before the veto is acted upon, it cannot be reconsidered until the next session.
In the case of a line-item veto, Congress can override only the specific vetoed item, and not the entire bill unless the entire bill was subject to a general veto.

4. Consequence of an Override

If Congress successfully overrides a veto, the bill becomes law despite the President's objections. It is treated as if the President had signed it.

C. Presidential Veto in Relation to the Power of the Purse

In the case of appropriation, revenue, or tariff bills, the line-item veto gives the President the power to influence the allocation of public funds, an essential aspect of the government's fiscal policy. However, Congress can override specific line-item vetoes through the same two-thirds vote mechanism, giving Congress a critical role in final fiscal decisions.

D. Judicial Review of the Veto

The judiciary may review the use of the veto power in cases where it is alleged that the President has acted in violation of the Constitution or in an arbitrary or capricious manner. However, courts are generally reluctant to interfere in the political decisions of the executive unless there is a clear breach of constitutional provisions.

1. Cases Involving the Veto Power

Philippine Constitution Association v. Enriquez (G.R. No. 113105, August 19, 1994): The Supreme Court upheld the President’s line-item veto power, emphasizing that it is a necessary executive tool in ensuring fiscal responsibility.
Demetria v. Alba (G.R. No. L-71977, February 27, 1987): This case clarified the extent of the President’s veto power over special appropriations, emphasizing that the President has discretion to veto items in appropriation bills without violating the principle of separation of powers.

E. Policy Considerations and Implications

The veto power plays a pivotal role in the system of checks and balances, providing the President with a safeguard against potentially harmful or imprudent legislation. However, it also serves as a point of potential friction between the executive and legislative branches. Congress's ability to override a veto ensures that the legislative intent can still prevail, but only with substantial consensus. This design encourages compromise and dialogue between the branches.

F. Comparative Overview: The Veto in Other Jurisdictions

The presidential veto in the Philippines closely mirrors that of the United States, where the U.S. President also has general veto power and a limited line-item veto. However, unlike the United States, where the Supreme Court struck down the line-item veto as unconstitutional (in Clinton v. City of New York, 1998), the Philippines retains a functioning line-item veto specifically for appropriation, revenue, and tariff bills, emphasizing fiscal responsibility in the government's budgeting process.

Conclusion

The presidential veto and congressional override provisions in the 1987 Constitution represent critical checks and balances between the legislative and executive branches. The President’s veto power allows for a robust review of legislation, while Congress’s ability to override this veto ensures that no single branch dominates the law-making process. This interplay is a vital aspect of Philippine political law, ensuring accountability and balance in governance.