Statcon Reviewer 2

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Title of the Bill It will be seen upon examination of section 313 of the

Code of Civil Procedure, as amended by Act No. 2210,


Bara Lidasan V COMELEC
that, roughly, it provides two methods of proving
Petitioner relies upon the constitutional requirement legislative proceedings: (1) by the journals, or by
aforestated, that "[n]o bill which may be enacted into published statutes or resolutions, or by copies certified
law shall embrace more than one subject which shall be by the clerk or secretary or printed by their order; and
expressed in the title of the bill." (2) in case of acts of the Legislature, by a copy signed by
the presiding officers and secretaries thereof, which
It may be well to state, right at the outset, that the shall be conclusive proof of the provisions of such Acts
constitutional provision contains dual limitations upon and of the due enactment thereof.
legislative power. First. Congress is to refrain from
conglomeration, under one statute, of heterogeneous Journal Entry Rule
subjects. Second. The title of the bill is to be couched in
Astorga V Villegas
a language sufficient to notify the legislators and the
public and those concerned of the import of the single It may be noted that the enrolled bill theory is based
subject thereof. mainly on "the respect due to coequal and independent
departments," which requires the judicial department
In our task of ascertaining whether or not the title of a
"to accept, as having passed Congress, all bills
statute conforms with the constitutional requirement,
authenticated in the manner stated." Thus it has also
the following, we believe, may be taken as guidelines:
been stated in other cases that if the attestation is
The test of the sufficiency of a title is whether or not it is absent and the same is not required for the validity of a
misleading; and, which technical accuracy is not statute, the courts may resort to the journals and other
essential, and the subject need not be stated in express records of Congress for proof of its due enactment.
terms where it is clearly inferable from the details set
But the said Constitution does contain the following
forth, a title which is so uncertain that the average
provisions:
person reading it would not be informed of the purpose
of the enactment or put on inquiry as to its contents, or Sec. 10 (4). "Each House shall keep a Journal of its
which is misleading, either in referring to or indicating proceedings, and from time to time publish the same,
one subject where another or different one is really excepting such parts as may in its judgment require
embraced in the act, or in omitting any expression or secrecy; and the yeas and nays on any question shall, at
indication of the real subject or scope of the act, is bad. the request of one-fifth of the Members present, be
entered in the Journal."
In determining sufficiency of particular title its substance
rather than its form should be considered, and the Sec. 21 (2). "No bill shall be passed by either House
purpose of the constitutional requirement, of giving unless it shall have been printed and copies thereof in its
notice to all persons interested, should be kept in mind final form furnished its Members at least three calendar
by the court. days prior to its passage, except when the President
shall have certified to the necessity of its immediate
Giron V COMELEC
enactment. Upon the last reading of a bill no
The proscription under Section 26(1), Article VI of the amendment thereof shall be allowed, and the question
Constitution is aimed against the evils of the so-called upon its passage shall be taken immediately thereafter,
omnibus bills and log-rolling legislation as well as and the yeas and nays entered on the Journal."
surreptitious and/or unconsidered encroaches. The
provision merely calls for all parts of an act relating to its
subject finding expression in its title.

Enrolled Bill Theory

Mabanag V Lopez Vito

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