ASTORGA VS.

VILLEGAS
Journal Entry Rule

FACTS:

House Bill 9266 was filed and passed on the third reading without amendments in the House of the
Representatives (HoR). It was then sent to the Senate for concurrence, and referred to a committee
headed by Senator Roxas, who then made minor amendment upon its approval. Senator Arturo
Tolentino also introduced substantial amendments during the second reading on the Senate. It was
approved considering the amendments of Roxas has been acted upon. The printed copies were then
certified and attested by the Secretary and Speaker of the HoR, Secretary of Senate and Senate
President, and lastly signed by the President of the Philippines which became the R.A. 4065.

An error was discovered later on, that the Bill passed was not the one approved by Senate. This caused
the withdrawal of signatures of both the Senate President and the President and declared the R.A. 4065
invalid.

Antonio Villegas (respondent), mayor of manila, recalled 5 police force assigned to Vice Mayor Hermino
Astorga (petitioner) following the invalidation of RA 4065. Astorga filed petition compelling the mayor of
manila and other officials to comply with RA. 4065.

ISSUE:

Whether or not RA 4065 became a law/valid in consideration with the Journal Entry Rule

HELD:

The Petition is denied. RA 4065 is declared not to have been duly enacted and therefore did not become
to law.

The Court stated that the function of an attestation is not of approval. The signature made by the both
houses is a mere authentication to signify to the Chief Executive that the enrolled bill was approved by
the Congress. Section 313 of Act 190, as amended by Act No. 2210 states that the proceedings of the
Philippine Commission may be proved by the journals of those bodies of either house, and it shall be
CONCLUSIVE proof of the provisions of such acts and its due enactment. It is the approval by Congress
and not the signatures of the presiding officers that is essential. However, in the case at bar, upon
discovering that there is an error in the bill passed, Senate President and President withdrew their
signatures as this might bring mischievous consequences not intended by the law-making body.

The journal of the proceedings of each House is required by the Constitution. The Court asked to inquire
whether the bill signed is the same as the bill approved by the Congress. The journal discloses that the
substantial amendments approved by the Senate were not incorporated in the printed text sent to the
president. Hence, the bill did not become a law.