1 | ASISTORES

CASE NAME: BENGZON VS. THE SEC. OF JUSTICE

GR Number/ Case Date: L-42821 / January 18, 1936 Separate Opinions:
Ponente: Malcolm, J. Villa-Real, J., dissenting
Petitioners: Juan Bengzon An appropriation bill is composed of several items of appropriation and not one which only contains
Respondents: Secretary of Justice and Insular Auditor one item.
Subject: Consti 1 Act No. 4051 is a gratuity law, appropriating only the necessary sum to pay the granted gratuities.
Topic: Legislative Process None but one section of the Act contains anything about appropriation of funds.
o The Chief Executive then has no veto powers over Act No. 4051, it not being an appropriation
Rule of Law: bill.
Act No. 4051, Section 7. "The justices of the peace who must relinquish office during the year The section with regard to the disapproval of the Chief Executive of one section not affecting the
nineteen hundred and thirty-three in accordance with the provisions of Act Numbered Thirty-eight others cannot validate such unconstitutional exercise of the veto power.
hundred and ninety-nine, shall also be entitled to the gratuities provided for in this Act."
Section 19 of the Organic Act and Article VI, Section 11 (2) of the 1935 Constitution. "The
Governor-General (or President, in the 35 Consti) shall have the power to veto any particular item or
items of an appropriation bill, but the object."

Doctrine:
The courts will indulge every intendment in favor of the constitutionality of a veto the same as they
will presume the constitutionality of an act as originally passed by the Legislature.

Facts:
Petitioner was appointed justice of the peace for Lingayen, Pangasinan.
Act No. 3899 compelled him to cease holding such position upon reaching the age of 65 on Jan 14,
1933.
He applied for gratuity under Act No. 4051, but was told that he wasnt entitled thereto.
Act No. 4051 (An Act to Provide for the Payment of Retirement Gratuities to Officers and Employees
of the Insular Government) was approved by the Governor-General, exercising his veto powers on
section 7. The Philippine Legislature accepted the veto.

Issues and Holding:

Is Act No. 4051 an appropriation bill on which the Gov. Gen. or President can exercise his right to veto?
YES. It is with regard to the appropriation of funds in the Insular Treasury. Moreover, a section of the Act
provides for the qualification that the Presidents veto of one portion thereof should not affect the rest of the un-
vetoed sections. Such anticipation of the Presidents veto implies the existence of such power to veto.
The legislature, by not opposing such veto, expressed acquiescence thereto.

Ruling: The veto of section 7 of Act No. 40151 was VALID.