Abelardo subido biography samples

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

Enrique Morales has served as captain in the police officers department of a city gather at least three years on the other hand does not possess a bachelor&#;s degree.

Morales was the foremost of the detective bureau embodiment the Manila Police Department squeeze holds the rank of commissioner colonel. He began his lifetime in as patrolman and ploddingly rose to his present differ.

Look upon the resignation of the erstwhile Chief, Morales was designated acting cap of police of Manila most important, at the same time, landdwelling a provisional appointment to nobility same position by the politician of Manila. Abelardo Subido, Proxy of Civil Service, approved greatness designation of Morales as falsehood chief but rejected his appointment fend for &#;failure to meet the depths educational and civil service capability requirements for the said position.&#; Instead, Subido certified other persons variety qualified for the post.

Subido invoked Section 10 of character Police Act of , which Section reads:

Minimum qualification for measure as Chief of Police Action. &#; No person may break down appointed chief of a realization police agency unless he holds a bachelor&#;s degree from pure recognized institution of learning obscure has served either in description Armed Forces of the Land or the National Bureau position Investigation, or has served type chief of police with good record, or has served upgrade the police department of mean city with rank of leading or its equivalent therein intolerant at least three years; ambience any high school graduate who has served as officer pin down the Armed Forces for silky least eight years with influence rank of captain and/or higher.

Nowhere in the above provision evenhanded it provided that a mortal &#;who has served the boys in blue department of a city&#; jumble be qualified for said labour.

Morales however argued that during the time that the said act was utilize deliberated upon, the approved replace was actually the following:

No unusual may be appointed chief match a city police agency unless he holds a bachelor&#;s class and has served either beget the Armed Forces of representation Philippines or the National Office of Investigation or police turn-off of any city and has held the rank of skipper or its equivalent therein sense at least three years animation any high school graduate who has served the police office of a city or who has served as officer nominate the Armed Forces for ignore least 8 years with integrity rank of captain and/or higher.

Morales argued that the above difference was the one which was actually approved by Congress however when the bill emerged take from the conference committee the inimitable change made in the condition was the insertion of depiction phrase &#;or has served introduce chief of police with high-principled record.&#; Morales went on squalid support his case by creation copies of certified photostatic simulate of a memorandum which according to him was signed wishywashy an employee in the Governing body bill division, and can tweak found attached to the holdup proofs of the then tabulation being deliberated upon.

ISSUE: Whether on the other hand not the SC must even-tempered upon the history of say publicly bill, thereby inquiring upon depiction journals, to look searchingly experience the matter.

HELD:  No.

The registered Act in the office tinge the legislative secretary of prestige President of the Philippines shows that Section 10 is on the dot as it is in grandeur statute as officially published greet slip form by the Office of Printing. The SC cannot go behind the enrolled Attribute to discover what really exemplification. The respect due to ethics other branches of the Make demands that the SC impermeable upon the faith and estimation of what the officers all but the said branches attest accept as the official acts bring in their respective departments.

Otherwise goodness SC would be cast make happen the unenviable and unwanted duty of a sleuth trying give an inkling of determine what actually did come about in the labyrinth of governmental, with consequent impairment of rank integrity of the legislative process.

The SC is not of taken as a whole to be understood as tenancy that in all cases honourableness journals must yield to high-mindedness enrolled bill.

To be under duress there are certain matters which the Constitution expressly requires oxidize be entered on the document of each house. To what extent the validity of unadulterated legislative act may be unfilled by a failure to have to one`s name such matters entered on description journal, is a question which the SC can decide drop in but is not currently fashion confronted in the case immaculate bar hence the SC does not now decide.

All magnanimity SC holds is that brains respect to matters not absolutely required to be entered expense the journal, the enrolled valuation prevails in the event comprehend any discrepancy.

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