You are on page 1of 1

CASE # 31 United States v.

Pons
No. L-11530, 34 Phil 729 [Aug 12, 1916]

Facts: Respondent Pons was one of the 3 persons charged of the crime of
illegal importation of opium. Each of them was found guilty by the trial court
and was sentenced to be confined in prison and to pay fines. Counsel for
the petitioner then filed a motion alleging that the last day of the special session
of the Phil. Legislature for 1914 was the 28 th day of February and that Act No.
2381, under which Pons must be punished if found guilty, was not passed or
approved on the 28th of February but on March 1 of that year, hence, the
same is null and void. In fact, in the proclamation of the Governor-General,
the last day of the special session was February 28. The Legislative journal, on
the other hand, says that the Legislature actually adjourned at 12 midnight on
February 28.

Issue: Should the court go beyond the recital of the legislative journal (and look into
extraneous evidence) when it is clear and explicit?

Held: No. While holding that the law and jurisprudence make it the duty of the
judiciary to take notice of the legislative journals in determining the question
whether a particular bill became a law or not, the Court further held that: “from
their very nature and object the records of the Legislature are as important as
those of the judiciary, and to inquire into the veracity
of the journals of the Philippine Legislature, when they are clear and explicit,
would be to violate both the letter and the spirit of the organic laws by which
the Philippine Government was brought into existence, to
invade a coordinate and independent department of the Government, and to
interfere with the legitimate powers and functions of the Legislature.”

The enrolled bill is conclusive upon courts (over statements so entered in the
Journal)

Note: Art VI, Sec 16 (4) “Each House shall keep a Journal of its proceedings, and
from time to time publish the same, excepting such oarts as may, in its judgment,
affect national security; and the yeas and nays on any question shall, at the request
of one-fifth of the Members, be entered in the Journal.

You might also like