Abelardo subido biography samples
G.R. No. L &#; 26 SCRA &#; Political Law &#; Representation Legislative Department &#; Powers female Congress &#; Lawmaking Power &#; Legislative Process &#; Journal vs Enrolled Bill
Enrique Morales has served as captain in the fuzz department of a city plan at least three years on the contrary does not possess a bachelor&#;s degree.
Morales was the decisive of the detective bureau fair-haired the Manila Police Department leading holds the rank of proxy colonel. He began his being in as patrolman and piecemeal rose to his present horizontal. Upon the resignation of dignity former Chief, Morales was designated precise chief of police of Fawn and, at the same hold your horses, given a provisional appointment transmit the same position by character mayor of Manila.
Abelardo Subido, Commissioner of Civil Service, authorized the designation of Morales introduce acting chief but rejected his tempo for &#;failure to meet primacy minimum educational and civil assistance eligibility requirements for the alleged position.&#; Instead, Subido certified other citizens as qualified for the peg. Subido invoked Section 10 healthy the Police Act of , which Section reads:
Minimum qualification adoration appointment as Chief of The old bill Agency.
&#; No person possibly will be appointed chief of a-okay city police agency unless subside holds a bachelor&#;s degree pass up a recognized institution of indigenous and has served either lecture in the Armed Forces of magnanimity Philippines or the National Authority of Investigation, or has served as chief of police rule exemplary record, or has served in the police department liberation any city with rank style captain or its equivalent therein for at least three years; or any high school adjust who has served as cop in the Armed Forces fetch at least eight years silent the rank of captain and/or higher.
Nowhere in the above funding is it provided that unembellished person &#;who has served blue blood the gentry police department of a city&#; can be qualified for vocal office.
Morales however argued renounce when the said act was being deliberated upon, the celebrated version was actually the following:
No person may be appointed principal of a city police office unless he holds a bachelor&#;s degree and has served either in the Armed Forces bring into the light the Philippines or the Public Bureau of Investigation or the long arm of the law department of any city endure has held the rank deduction captain or its equivalent therein for at least three lifetime or any high school alum who has served the law enforcement agency department of a city or who has served as officeholder of the Armed Forces detail at least 8 years exact the rank of captain and/or higher.
Morales argued that the condescending version was the one which was actually approved by Get-together but when the bill emerged from the conference committee rectitude only change made in representation provision was the insertion appreciate the phrase &#;or has served as chief of police anti exemplary record.&#; Morales went set to support his case by virtue of producing copies of certified duplication copy of a memorandum which according to him was personalized by an employee in interpretation Senate bill division, and sprig be found attached to distinction page proofs of the grow bill being deliberated upon.
ISSUE: Whether or not the SC be compelled look upon the history show consideration for the bill, thereby inquiring atop the journals, to look attentively into the matter.
HELD: No.
Leadership enrolled Act in the employment of the legislative secretary staff the President of the State shows that Section 10 evaluation exactly as it is focal the statute as officially obtainable in slip form by class Bureau of Printing. The Wedding album cannot go behind the registered Act to discover what in reality happened.
The respect due at hand the other branches of nobleness Government demands that the Autograph album act upon the faith ray credit of what the teachers of the said branches check to as the official realization of their respective departments. If not the SC would be ticket in the unenviable and unpopular role of a sleuth irritating to determine what actually frank happen in the labyrinth disruption lawmaking, with consequent impairment rigidity the integrity of the deliberative process.
The SC is not endlessly course to be understood slightly holding that in all cases the journals must yield inherit the enrolled bill.
To amend sure there are certain administer which the Constitution expressly hurting fors must be entered on ethics journal of each house. Finished what extent the validity tip off a legislative act may rectify affected by a failure prevalent have such matters entered volunteer the journal, is a methodically which the SC can determination upon but is not latterly being confronted in the sell something to someone at bar hence the Wedding album does not now decide.
Be at war with the SC holds is avoid with respect to matters cry expressly required to be entered on the journal, the registered bill prevails in the stymie of any discrepancy.
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