The president is immune from suit

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Unformatted text preview: be singled out for veto even if it is not an appropriation or revenue item. (Gonzales v. Macaraig, Jr., G.R. No. 87636, Nov. 19, 1990) 2. Executive impoundment – refusal of the President to spend funds already allocated by Congress for specific purpose. It is the failure to spend or obligate budget authority of any type. (Philconsa v. Enriquez, G.R. No. 113105, Aug. 19, 1994) Q: May the President veto a law? A: No. What the president may validly veto is only a bill and neither the provisions of law 35 years before his term nor a final and executory judgment of the Supreme Court. (Bengzon v. Drilon, G.R. No. 103524, April 15, 1992) Q: When is there a pocket veto? A: It occurs when: 1. the President fails to act on a bill; and 2. the reason he does not return the bill to the Congress is that Congress is not in session. ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 39 UST GOLDEN NOTES 2011 Note: Pocket veto is not applicable in the Philippines because inaction by the President for 30 days never produces a veto even if Congress is in recess. The President must still act to veto the bill and communicate his veto to Congress without need of returning the vetoed bill with his veto message. Q: When does the Constitution require that the yeas and nays of the Members be taken every time a House has to vote? A: 1. Upon the last and third readings of a bill (Section 26 (2), Article VI); 2. At the request of 1/5 of the members present (Section 16 (4), Article VI); and 3. In repassing a bill over the veto of the President (Section 27 (1), Article VI). Q: What is a rider? A: A rider is a provision in a bill which does not relate to a particular appropriation stated in the bill. Since it is an invalid provision under...
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