Veto powers | Powers of the President | EXECUTIVE DEPARTMENT

Veto Powers of the President under Political Law and Public International Law

I. Introduction to the Veto Power

The veto power of the President refers to the constitutional authority granted to the Chief Executive to reject or disapprove a bill or resolution passed by Congress. This power is fundamental in maintaining the system of checks and balances between the Executive and Legislative branches. The power of veto allows the President to prevent the passage of laws that he/she considers objectionable, unconstitutional, or not in the best interest of the nation.

The veto power of the President is enshrined in Article VI, Section 27(1) of the 1987 Constitution of the Philippines, which states:

"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."

II. Forms of Presidential Veto Power

There are several forms of veto power available to the President under Philippine law:

1. Absolute Veto
   This is when the President rejects an entire bill, returning it to Congress with a statement of objections. The veto is exercised within 30 days from receipt of the bill by the President, as prescribed in the Constitution.

2. Line-Item Veto
   Under Article VI, Section 27(2) of the 1987 Constitution, the President is empowered to veto specific items in an appropriation, revenue, or tariff bill without vetoing the entire bill. This is known as the "line-item veto."

   "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 line-item veto allows the President to approve the general provisions of the bill while rejecting objectionable portions. This power is most commonly exercised in relation to budget or appropriation laws.

3. Pocket Veto
   The "pocket veto" is an implied form of veto wherein the President does not act on a bill within the 30-day period prescribed by the Constitution. If Congress adjourns before the expiration of the period, the bill does not become law. However, this is not explicitly recognized under Philippine law, as the Constitution provides that a bill becomes law if the President does not communicate a veto within 30 days after receipt.

   This situation, although not commonly applicable in the Philippines due to the clear timeline for presidential action, can be observed in other jurisdictions like the United States.

III. Process of Overriding a Presidential Veto

When the President exercises the veto power, the bill is returned to the House where it originated, with a statement of the President’s objections. Congress may attempt to override the veto through the following process:

1. Reconsideration by the House of Origin
   The House where the bill originated must reconsider the vetoed bill. If two-thirds (2/3) of all the Members of that House vote to pass the bill, despite the President's objections, the bill is sent to the other House.

2. Reconsideration by the Other House
   The second House (the House to which the bill was transmitted after reconsideration by the House of origin) must also reconsider the bill. If two-thirds (2/3) of all the Members of this House agree to pass the bill, the veto is overridden, and the bill becomes law without the President's signature.

IV. Limitations and Considerations of the Veto Power

1. Time Frame for Presidential Action
   The President must communicate a veto to the originating House within 30 days of receipt of the bill. Failure to do so results in the bill becoming law as if the President had signed it.

2. Nature of Bills Subject to Line-Item Veto
   The line-item veto applies exclusively to appropriation, revenue, or tariff bills. The President cannot use the line-item veto power in other types of bills, such as those that propose amendments to the Constitution or general bills.

3. Qualified vs. Absolute Veto
   A veto may be absolute, applying to the entire bill, or qualified (through a line-item veto), wherein only specific provisions or items of the bill are rejected. In either case, the veto must be accompanied by the President's written objections.

4. Bicameral Conference Committee Reports
   Once a bill reaches the President for signature after bicameral conference committee deliberations, any amendments or changes made by the bicameral committee cannot be subject to further congressional debates. The President may veto the bill as amended but cannot send it back to the bicameral committee for further changes.

V. Rationale for the Veto Power

The veto power is a critical element of the checks and balances system, allowing the Executive to curtail potential overreach by the Legislature. It serves several important purposes:

1. Prevention of Unconstitutional Legislation
   The President can veto bills that, in his/her view, violate the Constitution, ensuring that laws are enacted in accordance with constitutional principles.

2. Ensuring Fiscal Responsibility
   The line-item veto allows the President to control excessive or unnecessary appropriations, curbing the possibility of government overspending or fiscal irresponsibility.

3. Political Safeguard
   The veto power acts as a political check, where the President can express disagreement with the policy direction of a bill. It ensures that laws reflect not just the will of Congress but also the broader interest of the nation as represented by the Executive branch.

VI. Veto Powers in the Context of Public International Law

While the veto power is predominantly a domestic constitutional issue, it can have indirect implications in the context of international law, particularly in the following areas:

1. Treaties and International Agreements
   Under Article VII, Section 21 of the Constitution, no treaty or international agreement is valid and binding unless concurred in by at least two-thirds of all the members of the Senate. Although this is a Senate function, the President’s veto power does not directly apply to treaties. However, the Executive may refuse to sign or submit a treaty for Senate concurrence, which could have a similar effect as a veto in delaying or preventing international commitments.

2. International Relations and Foreign Policy
   The veto power could indirectly affect the implementation of foreign policy or international commitments, especially in cases where legislative measures are required for the execution of treaties or international agreements. For example, the President may veto a bill that appropriates funds for obligations under international agreements, thus hindering the full implementation of those agreements.

3. Executive Discretion in Foreign Affairs
   The veto power complements the President’s broad authority over foreign policy, as the Chief Architect of the nation's foreign relations. Although not directly impacting international law, the veto power allows the President to shape foreign policy through selective approval or rejection of legislative measures related to international commitments.

VII. Conclusion

The veto power is a vital instrument of the President, giving the Executive branch the ability to reject proposed legislation and maintain a balance of power between the Executive and Legislative branches. Its proper use is a cornerstone of democratic governance, ensuring that no single branch dominates the legislative process. While the veto power is primarily domestic, it has repercussions in the conduct of international relations, particularly in matters requiring legislative action to implement treaties or international obligations.