ASTORGA v.

VILLEGAS
G.R. No. L-23475, April 30, 1974
PONENTE: MAKALINTAL, C.J.
FACTS:
House Bill No. 9266, a bill of local application, was filed in the House of Representatives
and then sent to the Senate for reading. During discussion at the Senate, Senator Tolentino and
Senator Roxas recommended amendments thereto. Despite the fact that it was the Tolentino
amendment that was approved and the Roxas amendment not even appearing in the journal,
when Senate sent its certification of amendment to the House, only the Roxas amendment was
included, not the Tolentino amendment. Nevertheless, the House approved the same. Printed
copies were then certified and attested by the Secretary of the House of Reps, the Speaker, the
Secretary of the Senate and the Senate President, and sent to the President of the Philippines
who thereby approved the same. The Bill thus was passed as RA 4065. However, when the
error was discovered, both the Senate President and the Chief Executive withdrew their
signatures.
ISSUE:
Whether or not RA 4065 was valid.
RULING:
No. The rationale of the enrolled bill theory is set forth in the said case of Field vs. Clark
as follows: The signing by the Speaker of the House of Representatives, and, by the President
of the Senate, in open session, of an enrolled bill, is an official attestation by the two houses of
such bill as one that has passed Congress. It is a declaration by the two houses, through their
presiding officers, to the President, that a bill, thus attested, has received, in due form, the
sanction of the legislative branch of the government, and that it is delivered to him in obedience
to the constitutional requirement that all bills which pass Congress shall be presented to him.
And when a bill, thus attested, receives his approval, and is deposited in the public archives, its
authentication as a bill that has passed Congress should be deemed complete and
unimpeachable. As the President has no authority to approve a bill not passed by Congress, an
enrolled Act in the custody of the Secretary of State, and having the official attestations of the
Speaker of the House of Representatives, of the President of the Senate, and of the President
of the United States, carries, on its face, a solemn assurance by the legislative and executive
departments of the government, charged, respectively, with the duty of enacting and executing
the laws, that it was passed by Congress. The respect due to coequal and independent
departments requires the judicial department to act upon that assurance, and to accept, as
having passed Congress, all bills authenticated in the manner stated; leaving the courts to
determine, when the question properly arises, whether the Act, so authenticated, is in
conformity with the Constitution.
It may be noted that the enrolled bill theory is based mainly on "the respect due to
coequal and independent departments," which requires the judicial department "to accept, as
having passed Congress, all bills authenticated in the manner stated." Thus it has also been
stated in other cases that if the attestation is absent and the same is not required for the validity
of a statute, the courts may resort to the journals and other records of Congress for proof of its
due enactment. This was the logical conclusion reached in a number of decisions, although they
are silent as to whether the journals may still be resorted to if the attestation of the presiding
officers is present.