Bengzon vs.

Drilon, 208 SCRA 133 FACTS: On 15 Jan 1992, some provisions of the Special Provision for the Supreme Court and the Lower Court s General Appropriations were vetoed by the President be cause a resolution by the Court providing for appropriations for retired justice s has been enacted. The vetoed bill provided for the increase of the pensions of the retired justices of the Supreme Court, and the Court of Appeals as well as members of the Constitutional Commission. ISSUE: Whether or not the veto of the President on that portion of the General A ppropriations bill is constitutional. HELD: The Justices of the Court have vested rights to the accrued pension that i s due to them in accordance to Republic Act 1797. The president has no power to set aside and override the decision of the Supreme Court neither does the presid ent have the power to enact or amend statutes promulgated by her predecessors mu ch less to the repeal of existing laws. The veto is unconstitutional since the p ower of the president to disapprove any item or items in the appropriations bill does not grant the authority to veto part of an item and to approve the remaini ng portion of said item. NOTES: Pocket Veto Not Allowed Under the Constitution, the President does not have the so-called pocket-veto po wer, i.e., disapproval of a bill by inaction on his part. The failure of the Pre sident to communicate his veto of any bill represented to him within 30 days aft er the receipt thereof automatically causes the bill to become a law. This rule corrects the Presidential practice under the 1935 Constitution of rele asing veto messages long after he should have acted on the bill. It also avoids uncertainty as to what new laws are in force. When is it allowed? The exception is provided in par (2),Sec 27 of Art 6 of the Constitution which g rants the President power to veto any particular item or items in an appropriati on, revenue or tariff bill. The veto in such case shall not affect the item or i tems to which he does not object. 3 ways how a bill becomes a law. 1. When the President signs it 2. When the President vetoes it but the veto is overridden by 2/3 vote of all th e members of each House; and 3. When the president does not act upon the measure within 30 days after it shal l have been presented to him.