Gonzales-vs-Macaraig Case Digest
Gonzales-vs-Macaraig Case Digest
Gonzales-vs-Macaraig Case Digest
Facts
On 16 December 1988, Congress passed House Bill No. 19186, or the General
Appropriations Bill for the Fiscal Year 1989. As passed, it eliminated or
decreased certain items included in the proposed budget submitted by the
President.
On 29 December 1988, the President signed the Bill into law, and declared the
same to have become Rep. Act No. 6688. In the process, seven (7) Special
Provisions and Section 55, a "General Provision," were vetoed.
Thus it is that, on 11 April 1989, this Petition for Prohibition/ Mandamus was filed,
with a prayer for the issuance of a Writ of Preliminary Injunction and Restraining
Order, assailing mainly the constitutionality or legality of the Presidential veto of
Section 55, and seeking to enjoin respondents from implementing Rep. Act No.
6688. No Restraining Order was issued by the Court.
Issue:
Ruling
Yes. The presidential veto on Section 55 of the General Appropriations Act for
the fiscal year 1989 and Section 16 of the General Appropriations Act for the
fiscal year 1990 is constitutional. the vetoed "provisions" do not relate to any
particular or distinctive appropriation. They apply generally to all items
disapproved or reduced by Congress in the Appropriations Bill and the vetoed
Sections are more of an expression of Congressional policy in respect of
augmentation from savings rather than a budgetary appropriation.