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  • Bolinao Electronics Corp v. Valencia (L-20740)

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    This case concerns the veto power of the President over conditions attached to appropriations in an appropriation bill. Specifically, it examines whether the President can veto a condition restricting funds for the Philippine Broadcasting Service from being used to operate television stations in areas where commercial stations already exist. The court ruled that the President's veto power does not extend to striking conditions or restrictions from appropriations. As the veto in this case was unconstitutional, the restriction on funds remained in effect. Therefore, any expenditures by PBS to operate a station in Manila, where commercial stations already operated, would violate the appropriation condition and be null and void.

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    Constitutional Law

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    Bolinao Electronics Corp v. Valencia [L-20740]

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    This case concerns the veto power of the President over conditions attached to appropriations in an appropriation bill. Specifically, it examines whether the President can veto a condition restricting funds for the Philippine Broadcasting Service from being used to operate television stations in areas where commercial stations already exist. The court ruled that the President's veto power does not extend to striking conditions or restrictions from appropriations. As the veto in this case was unconstitutional, the restriction on funds remained in effect. Therefore, any expenditures by PBS to operate a station in Manila, where commercial stations already operated, would violate the appropriation condition and be null and void.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    457 views2 pages

    Bolinao Electronics Corp v. Valencia (L-20740)

    Uploaded by

    Roward
    This case concerns the veto power of the President over conditions attached to appropriations in an appropriation bill. Specifically, it examines whether the President can veto a condition restricting funds for the Philippine Broadcasting Service from being used to operate television stations in areas where commercial stations already exist. The court ruled that the President's veto power does not extend to striking conditions or restrictions from appropriations. As the veto in this case was unconstitutional, the restriction on funds remained in effect. Therefore, any expenditures by PBS to operate a station in Manila, where commercial stations already operated, would violate the appropriation condition and be null and void.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    ROWARD TUBOG JD -1

    USJR-LAW SY: 2020-2021

    SUBJECT: Constitutional Law 1


    TOPIC: Veto Power
    TITLE: Bolinao Electronics Corp. v. Valencia
    CITATION: G.R. No. L-20740, 30 June 1964

    FACTS:
    This is an original petition for prohibition, mandatory injunction with
    preliminary injunction 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. Later the
    Republic of the Philippines, as operator of the Philippine Broadcasting
    Service, sought and was allowed to intervene in this case, said
    interveners having been granted a construction permit to install and
    operate a television station in Manila.
    Petitioners’ applications for renewal of their station licenses were denied
    because it should be filed two month before the expiration of the
    license. Pursuant to Section 3 of Act 3846, as amended by Republic Act
    584, on the powers and duties of the Secretary of Public Works and
    Communications (formerly Commerce And Communications), he may
    approve or disapprove any application for renewal of station or operator
    license, provided, however, That no application for renewal shall bed is
    approved without giving the licensee a hearing.
    Thus, the notices of hearing were sent by respondents to petitioners.
    Clearly, the intention of the investigation is to find out whether there is
    ground to disapprove the applications for renewal. According to
    petitioner however, the violation has ceased to exist when the act of late
    filing was condoned or pardoned by respondents by the issuance of the
    circular dated July24, 1962.The lone reason given for the investigation of
    petitioners' applications, i.e., late filing thereof, is therefore no longer
    tenable. The violation, in legal effect, ceased to exist and, hence, there is
    no reason nor need for the present investigation. They were summoned
    by Valencia, then Secretary of Communications, for operating even after
    their permit has expired. Valencia claimed that because of CBN’s
    continued operation sans license and their continuing operation had
    caused damage to his department.
    ISSUE:
    Whether or not the President can veto a condition attached to an
    appropriation in the appropriation bill.
    RULING:
    Under the Constitution, the President has the power to veto any
    particular item or items of an appropriation bill. However, when a
    provision of an appropriation bill affects one or more items of the same,
    the President cannot veto the provision without at the same time
    vetoing the particular item or items to which it relates. (Art. VI, Sec. 20)
    It may be observed from the wordings of the Appropriations Act that the
    amount appropriated for the operation of the Philippine Broadcasting
    Service was made 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. This gives rise
    to the question of whether the President may legally veto a condition
    attached to an appropriation or item in the appropriation bill. But this is
    not a novel question. A little effort to research on the subject would have
    yielded enough authority to guide action on the matter. For, in the
    leading case of State vs. Holder 2 it was already declared that such action
    by the Chief Executive was illegal. This ruling, that the executive's veto
    power does not carry with it the power to strike out conditions or
    restrictions, has been adhered to in subsequent cases. If the veto is
    unconstitutional, it follows that the same produced no effect
    whatsoever, and the restriction imposed by the appropriation bill,
    therefore, remains. Any expenditure made by the intervenor PBS, for the
    purpose of installing or operating a television station in Manila, where
    there are already television stations in operation, would be in violation of
    the express condition for the release of the appropriation and,
    consequently, null and void. It is not difficult to see that even if it were
    able to prove its right to operate on Channel 9, said intervenor would not
    have been entitled to reimbursement of its illegal expenditures.

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