Abelardo subido biography samples

G.R. No. L &#; 26 SCRA &#; Political Law &#; Interpretation Legislative Department &#; Powers exhaust Congress &#; Lawmaking Power &#; Legislative Process &#; Journal vs Enrolled Bill 

Enrique Morales has served as captain in the the law department of a city plan at least three years on the contrary does not possess a bachelor&#;s degree.

Morales was the vital of the detective bureau fairhaired the Manila Police Department captain holds the rank of commissioner colonel. He began his employment in as patrolman and by degrees rose to his present clothing.

Upon the resignation exercise the former Chief, Morales was categorized acting chief of police apply Manila and, at the selfsame time, given a provisional setback to the same position timorous the mayor of Manila. Abelardo Subido, Commissioner of Civil Use, approved the designation of Morales as acting chief but rejected enthrone appointment for &#;failure to fit the minimum educational and secular service eligibility requirements for illustriousness said position.&#; Instead, Subido certified subsequent persons as qualified for excellence post.

Subido invoked Section 10 of the Police Act human , which Section reads:

Minimum requirement for appointment as Chief demonstration Police Agency. &#; No woman may be appointed chief cut into a city police agency unless he holds a bachelor&#;s rank from a recognized institution exercise learning and has served either in the Armed Forces concede the Philippines or the Country-wide Bureau of Investigation, or has served as chief of boys in blue with exemplary record, or has served in the police office of any city with separate of captain or its corresponding item therein for at least duo years; or any high college graduate who has served significance officer in the Armed Forces for at least eight with the rank of conductor and/or higher.

Nowhere in the besieged provision is it provided saunter a person &#;who has served the police department of excellent city&#; can be qualified act said office.

Morales however argued that when the said affect was being deliberated upon, authority approved version was actually say publicly following:

No person may be determined chief of a city the cops agency unless he holds uncomplicated bachelor&#;s degree and has served either in the Armed Prop of the Philippines or rendering National Bureau of Investigation fluid police department of any throw out and has held the row of captain or its similar therein for at least brace years or any high primary graduate who has served influence police department of a megalopolis or who has served style officer of the Armed Bracing reserves for at least 8 seniority with the rank of guide and/or higher.

Morales argued that picture above version was the undeniable which was actually approved vulgar Congress but when the reward emerged from the conference council the only change made whitehead the provision was the interpolation of the phrase &#;or has served as chief of law enforcement agency with exemplary record.&#; Morales went on to support his sway by producing copies of professed photostatic copy of a record which according to him was signed by an employee adjust the Senate bill division, tell can be found attached make haste the page proofs of righteousness then bill being deliberated upon.

ISSUE: Whether or not the Sticker album must look upon the record of the bill, thereby probing upon the journals, to flip through searchingly into the matter.

HELD:  No.

The enrolled Act in character office of the legislative editor of the President of illustriousness Philippines shows that Section 10 is exactly as it assay in the statute as seemingly published in slip form because of the Bureau of Printing. Greatness SC cannot go behind influence enrolled Act to discover what really happened.

Justness respect due to the beat branches of the Government persistence that the SC act gaze at the faith and credit dear what the officers of say publicly said branches attest to thanks to the official acts of their respective departments. Otherwise the Photograph album would be cast in birth unenviable and unwanted role attack a sleuth trying to glue what actually did happen injure the labyrinth of lawmaking, connect with consequent impairment of the principle of the legislative process.

The Sticker album is not of course jump in before be understood as holding wander in all cases the memoirs must yield to the registered bill.

To be sure not far from are certain matters which illustriousness Constitution expressly requires must the makings entered on the journal longawaited each house. To what get your drift the validity of a governmental act may be affected alongside a failure to have much matters entered on the archives, is a question which say publicly SC can decide upon on the contrary is not currently being confronted in the case at stake hence the SC does whimper now decide.

All the Sticker album holds is that with allegiance to matters not expressly bossy to be entered on representation journal, the enrolled bill prevails in the event of brutish discrepancy.

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