Bolinao Electronics v. Valencia Case Digest

BOLINAO ELECTRONICS V.
VALENCIA
G.R. No. L-20740, June 30, 1964
Topic: Approval of Bills

General Rule:
 Sec. 27, Par. 2, Art. 6 of the 1987 Constitution provides that:
2. The President shall have the power to veto any particular item or items in an
appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to
which he does not object.
o The power to disapprove any item or items in an appropriation bill does not grant
the authority to veto a part of an item and to approve the remaining portion of the
same item. He either has to disapprove the whole item or not at all (p. 21,
Agpalo, Statutory Construction).
Exception:
 In the case of State v. Holder, the court ruled that executive's veto power does not
carry with it the power to strike out conditions or restrictions (of appropriation bills).
If the veto is unconstitutional, it follows that the same produced no effect whatsoever, and the
restriction imposed by the appropriation bill, therefore, remains.
A petition for prohibition, mandatory injunction with preliminary injunction is filed by the Bolinao
Electronics Corporation, Chronicle Broadcasting Network, Inc., and Monserrat Broadcasting
System, Inc., owners and operators of radio and television stations enumerated therein, against
respondents Secretary of Public Works and Communications and Acting Chief of the Radio
Control Division for the denial to renew petitioner’s license to operate on the ground that the
application to renew petitioner’s license required for Operation of Transmitter, Transceiver, or
Station was not submitted 2 months before its expiration as provided in Sec. 14 of Department
Order no. 11.
Later the Republic of the Philippines, as operator of the Philippine Broadcasting Service, sought
and was allowed to intervene in this case, said intervenor having been granted a construction
permit to install and operate a television station in Manila.
Facts: (NOTE: I only included those that are relevant to the topic)
 The 1962-1963 Budget of the Philippines includes funds specified in the appropriation to
operate the Philippine Broadcasting Service as approved by Congress.
 The President included some items in the appropriation bill in his veto message which
vetoes the following:
(e) PHILIPPINE BROADCASTING SERVICE

IV — SPECIAL PURPOSE
1. For contribution to the operation of the Philippine Broadcasting Service, ...: Provided, That no
portion of this appropriation shall be used for the operation of television stations in Luzon or any
part of the Philippines where there are television stations.
5. No amount appropriated for televisions under Special Fund and General Fund shall be used
for the operation of television stations in Luzon or any part of the Philippines where there are
television stations.
Issue: WON the President may legally veto a condition (or restriction) attached to an
appropriation or item in the appropriation bill – NO.
Held:
Sec. 27, Par. 2, Art. 6 of the 1987 Constitution provides that:
2. The President shall have the power to veto any particular item or items in an
appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to
which he does not object.
However, In the case of State v. Holder, the court ruled that executive's (president’s) veto
power does not carry with it the power to strike out conditions or restrictions (of
appropriation bills). The same has been adhered to in subsequent cases.
In the case at bar, it may be observed from the wordings of the Appropriations Act that a.) the
amount appropriated for the operation of the Philippine Broadcasting Service was subject to the
condition that the same shall not be used or expended for operation of television stations in
Luzon, where there are already existing commercial television stations; and that b.) the amount
appropriated for televisions under Special Fund and General Fund shall not be used for the
operation of television stations in Luzon or any part of the Philippines where there are television
stations. Basically, the items vetoed by the President contains a condition and a
restriction.
Hence, the President’s veto to the items in the appropriation to operate the Philippine
Broadcasting Service is not valid as the president cannot legally veto an item that has a
condition or restriction.

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BOLINAO ELECTRONICS V.

Topic: Approval of Bills

(e) PHILIPPINE BROADCASTING SERVICE

Sec. 27, Par. 2, Art. 6 of the 1987 Constitution provides that:

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