CASE 39

GR NO. 87636

GONZALES V MACARAIG

NOVEMBER 19, 1990

FACTS:

Congress passed House Bill No. 19186 aka General Appropriations Bill for Fiscal Year 1989. December 29,
1988, President signed the Bill into law and had become Rep. Act No 6688. In the process, seven special
provisions and Section 55 on “General Provision” were vetoed. Senate issued Resolution No. 381
expressing the veto by the president were unconstitutional. "SEC. 55. Prohibition Against the
Restoration or Increase of Recommended Appropriations Disapproved and/or Reduced by Congress: No
item of appropriation recommended by the President in the Budget submitted to Congress pursuant to
Article VII, Section 22 of the Constitution which has been disapproved or reduced in this Act shall be
restored or increased by the use of appropriations authorized for other purposes by augmentation. An
item of appropriation for any purpose recommended by the President in the Budget shall be deemed to
have been disapproved by Congress if no corresponding appropriation for the specific purpose is
provided in this Act."

ISSUE

whether or not the President has the power to veto "provisions" of an Appropriations Bill?

HELD:

YES, Article VI Section 27 (1) refers to a general veto, where the President objects to an entire bill
approved by Congress and returns it to Congress for its reconsideration. The situation at bar is
admittedly not a general veto of the appropriation acts for 1989 and 1990, Section 27 (1) does not,
therefore, apply. However, Article VI Section 27 (2) president states shall have the power to veto any
particular item or items in an appropriation, revenue of tariff bill but the veto shall not affect the item or
items to which he does not object, shall apply.