When do courts resort to the journals and other records of Congress for proof of the bill's due enactment?

       TOPICS:

1. Enrolled bill doctrine
2. Congressional journals

Astorga vs. Villegas

FACTS:

Prior to its approval, HB 9266, a bill of local application, went into several amendments in the Senate. During the deliberation in the Senate Committee on Provinces and Municipal Governments and Cities, Senator Roxas recommended that the President Protempore of the Municipal Board, instead of the City Engineer, should succeed the Vice-Mayor in case of the latter's incapacity to act as Mayor. Moreover, during the second reading, Senator Tolentino introduced further amendments. 

Eventually, the Tolentino amendments, which were actually approved by the Senate, were not reflected in the bill certified and attested by the Secretary of the HoR, Speaker of the House, the Secretary of the Senate, and the Senate President. 

HB 9266 then became Republic Act 4065, "An Act Defining the Powers, Rights and Duties of the Vice-Mayor of the City of Manila, Further Amending for the Purpose Sections Ten and Eleven of Republic Act Numbered Four Hundred Nine, as Amended, Otherwise Known as the Revised Charter of the City of Manila."

Senator Tolentino reacted that the President signed the wrong version of the bill. The Senate President, through the Secretary of the Senate, invalidated their signatures in the enrolled bill. In effect, the President communicated to the presiding officers of both Houses that he was officially withdrawing his signature. 

Manila Mayor Villegas implemented circulars disregarding the provisions of RA 4065 and recalled actions brought under the authority of the law. Vice-Mayor Astorga objected and sought the application of the law. In addition, when the Mayor was on an official trip, the court enjoined the Vice-Mayor from exercising the powers of an Acting Mayor conferred upon RA 4065. 

ISSUE:

Whether or not RA 4065 took effect. 

RULING: 

No, RA 4065 did not take effect. 

Under the rules on statutory construction, if the attestation is absent, courts may resort to the journals and other records of the Congress for proof of its due enactment. 

In this case, when the Senate President and the Secretary of the Senate withdrew their signatures to the enrolled bill, HB 9266, the Court resorted to the journal of the proceedings of the Congress, which discloses the approval made but were not incorporated in the printed text sent to the President. 

Thus, when the approval disclosed in the journal was not reflected in the enrolled bill, the bill was deemed to have not been duly enacted and did not become a law. Therefore, RA 4065 did not take effect. 

  

STATUTORY CONSTRUCTION DISCUSSION

1. How is the authentication of a bill duly approved by Congress done?
1. Authentication is done by affixing the signatures of the presiding officers (the Senate President and the Speaker of the House) and the secretaries of the Congress on the printed copy of the approved bill. 
2. What is the purpose of authentication? Is it required by the Constitution?
1. The signatures of the presiding officers on a bill, although not required by the Constitution, are conclusive evidence of its passage or proof of its due enactment. 
3. When can courts resort to the journals and other records of Congress for proof of the bill's due enactment?
1.  If the attestation is absent and the same is not required for the validity of a statute, the courts may resort to the journals and other records of Congress for proof of its due enactment.

Full text here.