What Is Veto Power in the Philippines? Presidential Veto Types and Limits

Overview

In the Philippines, the President’s veto is a constitutional check on Congress’s power to make laws. After both the Senate and the House of Representatives pass a bill, it must be presented to the President. The President may:

Approve it (signing it into law),
Veto it (in whole or in part, in limited cases), or
Do nothing, in which case special rules apply.

The core rules are found in Article VI, Section 27 of the 1987 Constitution.

Presentment, Deadline, and “Pocket Veto”

Presentment: A bill becomes eligible for presidential action only after it has been passed by both Houses and presented to the President.
30-day decision period: The President must act within 30 days from receipt of the bill.
No U.S.-style pocket veto: If the President does not return the bill with objections within 30 days, the bill automatically becomes law as if signed. This is true even if Congress is in recess; the Constitution dispenses with a “pocket veto” in the U.S. sense.
Where objections go: A veto must be communicated—with the President’s objections stated—to the House where the bill originated, and those objections must be entered in the Journal.

Types of Presidential Veto

1) General (Total) Veto

What it is: Disapproval of the entire bill.
Effect: The bill does not become law unless Congress overrides the veto (see below).
When used: Any ordinary bill on any subject.

2) Item (Line-Item) Veto

What it is: Disapproval of particular items only in appropriation, revenue, or tariff bills.
Effect: The vetoed item(s) do not take effect; the rest of the bill becomes law.
Scope limits:
- Applies only to “items” in appropriation, revenue, or tariff measures.
- An “item” is understood as a separate, specific appropriation or charge—typically an indivisible sum of money or a distinct levy.
- The President cannot use the item veto to rewrite text, change conditions, or reduce/alter amounts rather than disapprove a discrete item. The power is negative (to delete), not affirmative (to amend).

Practical takeaways: • You cannot line-item veto parts of a general (non-budget/tax/tariff) bill. • You cannot carve out phrases or conditions in a way that amends the remaining text; you may only strike true items. • Disapproved items fall out; non-objected items remain effective.

Veto Message: Form and Function

The veto must state the President’s objections.
The message is sent to the originating House and entered in its Journal.
For an item veto, best practice is to identify each disapproved item with specificity so that what remains is administrable.

Congressional Override

Threshold: A veto—general or item—can be overridden by a vote of two-thirds of all the Members of each House, voting separately.
Roll-call: The Constitution requires yeas-and-nays with the names recorded in the Journal.
Effect: If both Houses reach the two-thirds of all Members threshold, the measure (or vetoed item) becomes law despite the veto.

Note the phrase “of all the Members”: the denominator is not those present but the full membership, making overrides intentionally demanding.

Special Rules for Appropriations (Budget) and “Riders”

Budget bills (General Appropriations Acts) are appropriation measures. The President may item-veto specific appropriations or “special purpose” items.
Riders—provisions in appropriations that are not germane to appropriations (i.e., pure policy/regulatory instructions unrelated to a sum of money)—are constitutionally suspect. Presidents often veto such riders or treat them as invalid; the safer path is for Congress to pass substantive policy in a separate bill.
Conditions and provisos: If a proviso qualifies a specific appropriation item so closely that it is part of that item, an item veto may reach it. But a proviso of general policy detached from a discrete sum is not an “item” and cannot be surgically altered via item veto.

What the President Cannot Do via Veto

Create new text or revise what Congress passed (“amendatory veto” is not allowed).
Line-item veto in non-appropriation/revenue/tariff bills.
Partially veto a section by deleting words/phrases that are not a discrete item—that would be rewriting, not vetoing an item.
Increase or reduce an amount by “editing” a figure; the choice is approve or disapprove the item.
Veto constitutional measures (e.g., proposals to amend the Constitution submitted for ratification are not bills).
Nullify a law already enacted; once a bill has become law (by signature, lapse after 30 days, or successful override), the President’s remedy is not the veto but potentially to seek amendments from Congress or challenge constitutionality before the courts (the latter is rare for the Executive).

“Conditional Veto” and “Conditional Implementation”

Presidents sometimes issue veto messages or signing statements that express reservations or propose conditions for implementation.
Legally, the operative act is only the approval or disapproval of items; any conditions stated in a message do not themselves amend the law unless Congress enacts them.
Agencies may interpret and implement within the bounds of the enacted text and applicable doctrines (e.g., separability, faithful execution). Courts police the line between permissible implementation and impermissible rewriting.

How the Veto Fits the Lawmaking Timeline

Passage by both Houses.
Enrollment and presentment to the President.
Within 30 days of receipt, the President:
- Signs → bill becomes law.
- Returns with veto to the originating House → possible reconsideration and override process.
- Takes no action → bill lapses into law after 30 days.
If vetoed:
- Originating House reconsiders; if ⅔ of all Members approve, the bill (with objections) goes to the other House.
- Other House also needs ⅔ of all Members.
- If both succeed, the bill (or item) becomes law notwithstanding the veto.

Practical Examples

General veto: A comprehensive education reform bill is vetoed for policy reasons. Congress must muster ⅔ of all Members in each House to override.
Item veto—appropriation: In the GAA, the President disapproves a ₱500 million line item for a particular project; the rest of the budget—including other items in the same agency—remains law.
Item veto—revenue/tariff: In a tax reform or tariff measure, the President may veto a distinct levy or schedule item while allowing the rest of the measure to take effect.

Relationship to Judicial Review and Separation of Powers

A veto is an executive check on the legislative power.
The Supreme Court polices overreach: e.g., when the Executive treats non-items as “items,” uses the veto to rewrite, or implements a law beyond its terms.
Conversely, the Court also invalidates legislative riders and unconstitutional appropriations, regardless of the veto.

Common Pitfalls and Best Practices

For Congress

Draft true, discrete items in appropriation/revenue/tariff bills to keep them severable.
Avoid riders and tuck-in policies in the GAA; put substantive policy in separate bills.
Remember the ⅔ of all Members override bar and plan calendars/vote management accordingly.

For the Executive

In item vetoes, pinpoint each disapproved item clearly (agency, program, activity, and amount or tariff entry).
Use the veto message to flag constitutional defects (e.g., riders) and implementation concerns, but recognize that only the approval/disapproval is legally operative absent new legislation.

Quick FAQ

Can the President veto only a sentence in a non-budget bill? No. The item veto does not apply; the choice is approve or veto the entire bill.
If the President misses the 30-day period? The bill becomes law without the President’s signature.
Can Congress override only the vetoed items? Yes, for item vetoes, each vetoed item can be reconsidered and overridden by ⅔ of all Members in each House.
Does adjournment stop a bill from lapsing into law? No. There is no pocket veto; lapse occurs after 30 days from presidential receipt.

Bottom Line

The veto is a narrow but powerful negative tool: it allows the President to block entire bills, and, in appropriation, revenue, or tariff measures, to strike discrete items—nothing more.
The Constitution balances this with a high override bar (⅔ of all Members of each House) and a 30-day lapse rule that prevents silent executive kills.
Sound drafting, precise veto messages, and faithful implementation keep each branch within its lane while ensuring workable governance.