US v.

Pons
Petitioner: The United States
Respondent: Juan Pons
Topic: Probative Value of the Journal
Summary: The respondents were accused of illegal importation of opium. On
appeal, accused raised the question of the date of adjournment of the legislature to
determine the approval of the Act applicable to his charge. The Court held that it
can take judicial notice of the journals, and that the adjournment took place at 12
midnight on February 28, 1914.
Facts:
Gabino Beliso, Juan Pons and Jacinto Lasarte were charged with the crime of
illegal importation of opium.
They brought from Spain on board the satemer Lopez y Lopez and import into
Manila 520 tins containing 125 kg of opium of the value of P62,400.
Juan Pons and Gabino Beliso were both found guilty and both appealed.
Beliso withdrew his appeal and the judgment as to him became final.
Ponss motion:
1. The last day of the special session of the Philippine Legislature for 1914
was February 28
2. Act No. 2381 (under which Pons must be punished if found guilty) was not
passed or approved on February 28, but on March 1.
3. Therefore, null and void.
Vital question: DATE OF ADJOURNMENT OF THE LEGISLATURE
Issues:
1. WoN the court can take judicial notice of the journals
YES
While there are no adjudicated cases in this jurisdiction upon the exact
question whether the courts may take judicial notice of the legislative
journals, it is well settled in the United States that such journals may be
noticed by the courts in determining the question whether a particular bill
became a law or not.
The result is that the law and the adjudicated cases make it the Courts duty
to take judicial notice of the legislative journals of the special session of the
Philippine Legislature of 1914.
These journals are not ambiguous or contradictory as to the actual time of
the adjournment. They show, with absolute certainty, that the Legislature
adjourned sine die at 12 o'clock midnight on February 28, 1914.
2. WoN the printed Act, published by authority of law, is conclusive evidence as
to the date when it was passed
(WoN the courts may go behind the legislative journals for the purpose of
determining the date of adjournment when such journals are clear and
explicit)
YES

As the Constitution of the Philippine Government is modeled after those of

the Federal Government and the various states, we do not hesitate to follow
the courts in that country in the matter now before us.
The journals say that the Legislature adjourned at 12 midnight on February
28, 1914. This settles the question, and the court did not err in declining to
go behind these journals.