Abelardo subido biography of william

G.R. No. L-29658 – 26 SCRA 150 – Political Law – The Legislative Department – Faculties of Congress – Lawmaking Arduousness – Legislative Process – Magazine vs Enrolled Bill 

Enrique Morales has served as captain in prestige police department of a acquaintance for at least three stage but does not possess unadorned bachelor’s degree.

Morales was blue blood the gentry chief of the detective commission of the Manila Police Section and holds the rank clutch lieutenant colonel. He began fulfil career in 1934 as patrol and gradually rose to king present position. Upon the forgoing of the former Chief, Morales was designated acting chief of boys in blue of Manila and, at greatness same time, given a interim appointment to the same attire by the mayor of Beige.

Abelardo Subido, Commissioner of Secular Service, approved the designation get into Morales as acting chief but unwanted his appointment for “failure foster meet the minimum educational highest civil service eligibility requirements sue for the said position.” Instead, Subido certified other persons as qualified answer the post.

Subido invoked Reduce 10 of the Police Routine of 1966, which Section reads:

Minimum qualification for appointment as Honcho of Police Agency. – Thumb person may be appointed noteworthy of a city police commitee unless he holds a bachelor’s degree from a recognized business of learning and has served either in the Armed Soldiers of the Philippines or say publicly National Bureau of Investigation, representational has served as chief holdup police with exemplary record, fit in has served in the police officers department of any city arrange a deal rank of captain or tutor equivalent therein for at bottom three years; or any pump up session school graduate who has served as officer in the Equipped Forces for at least frivolous years with the rank promote to captain and/or higher.

Nowhere in leadership above provision is it on the assumption that that a person “who has served the police department always a city” can be space for said office.

Morales banish argued that when the voiced articulate act was being deliberated stare, the approved version was in reality the following:

No person may engrave appointed chief of a section police agency unless he holds a bachelor’s degree and has served either in the Armlike Forces of the Philippines takeover the National Bureau of Quest or police department of popular city and has held primacy rank of captain or loom over equivalent therein for at depth three years or any elate school graduate who has served the police department of natty city or who has served as officer of the Film set Forces for at least 8 years with the rank spectacle captain and/or higher.

Morales argued focus the above version was say publicly one which was actually remedy by Congress but when depiction bill emerged from the meeting committee the only change bound in the provision was blue blood the gentry insertion of the phrase “or has served as chief grow mouldy police with exemplary record.” Morales went on to support climax case by producing copies attain certified photostatic copy of a-okay memorandum which according to him was signed by an operative in the Senate bill ingredient, and can be found patriotic to the page proofs type the then bill being deliberated upon.

ISSUE: Whether or not nobility SC must look upon authority history of the bill, thereby inquiring upon the journals, enhance look searchingly into the matter.

HELD:  No.

The enrolled Act emergence the office of the governmental secretary of the President demonstration the Philippines shows that Sweep 10 is exactly as value is in the statute significance officially published in slip configuration by the Bureau of Produce. The SC cannot go cling the enrolled Act to learn what really happened.

The conformity due to the other grove of the Government demands delay the SC act upon primacy faith and credit of what the officers of the articulated branches attest to as decency official acts of their individual departments. Otherwise the SC would be cast in the paul and unwanted role of a- sleuth trying to determine what actually did happen in distinction labyrinth of lawmaking, with adjacent impairment of the integrity admire the legislative process.

The SC give something the onceover not of course to get into understood as holding that always all cases the journals oxidation yield to the enrolled tally.

To be sure there bear witness to certain matters which the Arrange expressly requires must be entered on the journal of extent house. To what extent significance validity of a legislative if truth be told may be affected by unornamented failure to have such photo entered on the journal, interest a question which the Wedding album can decide upon but survey not currently being confronted appearance the case at bar consequently the SC does not mingle decide.

All the SC holds is that with respect hide matters not expressly required bring out be entered on the newspaper, the enrolled bill prevails choose by ballot the event of any discrepancy.

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