Philippine Bar review · Question

Practice question: Veto Powers

Multiple Choice Hard Jurisprudence

Practice question

A general appropriations bill allocates a specific amount for road maintenance and attaches a lawful condition restricting the proportion to be contracted out. The condition relates directly and exclusively to that appropriation and does not amend another law or infringe a constitutional executive power. The President keeps the appropriation but vetoes only the restriction because a different allocation would be more efficient. Under PHILCONSA, which analysis is best?
  1. Efficiency alone permits deletion of any genuine appropriation condition
  2. The President cannot use an item veto merely to strip this genuine condition while retaining the related appropriation
  3. Every restriction is an inappropriate rider regardless of its relation to the item
  4. The restriction becomes optional because the President signs the balance
  5. The President may replace the restriction with any preferred percentage by veto message

Legal references

  • 1987 Constitution, Article VI, Section 27, presidential veto, period, override and item veto: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353
  • Philippine Constitution Association v. Enriquez, G.R. Nos. 113105, 113174, 113766 and 113888, August 19, 1994, main decision, item veto and appropriate versus inappropriate provisions: https://lawphil.net/judjuris/juri1994/aug1994/gr_113105_1994.html
  • 1987 Constitution, Article VI, Section 25(2), provisions in the general appropriations bill: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353

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