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Actorga v. Vlllegae 56 SCRA 714 April SO, 1974

Macallntd, CJ.

Facts: The present controversy revolves around tlte passage of House Blll No. 9266. whlch becgng lepubllc 'An Act Deflntng the Powers, Rlghts and Dutles 4C!"*4.895,, of the Vice-Mayor of the Clty of Manila. Further Amendtng for the Purpose Secs. l0 and 1l of R.A. 4O9 (the Revlsed Charter of the Clty of Manlla).' Mayor Antonlo Vtllegas tssued clrculars to the department heads as well as to the owners, operators and/or miuragers of buslness establlshments tn Manlla to dlsregard the provlslons of R.A. 4065. He llkewise, ordered the Chlef of Pollce to recall flve poltcemen who had been asslgned to the Vlce-Mayor presumably under authorlty of R.A.4065. In reacUon, the Vtce-Mayor Hermlnio A. Astorga flled a peUtlon wlth this Court on September 7, 1964 for 'Mandamus, InJuncUon and/or Prohlbltlon wlth Prellmlnar,v Mandatory Prohtbltory InJunctlon' to compel respondents Mayor of Manlla, et aI. to comply wlth the provlslons of R.A. 4065. Held: The Journal of the proceedlngs of each House of Congress is no ordtnary record. The ConstltuUon reerrors. the potnl is lrrelevant tn thls case. Thls Court ls I meply*g[ed_._!^o_.tnqqlr.9 whether the text of House Btll No. 9266 slgned by the Chlef Execuflve was the same text passed by both Houses of Congress. Under the specilIc facts and clrcumstances of thls case, ttrls Court can do q this and resort to the Senate Journal for the purpos. B2 The Journal dtscloses that substantlal and lengthy amendments were lntroduced on the floor and approved by the Senate but were not lncorporated ln the prlnted text sent to the Presldent and slgned by him. Thls Court ls not asked to !4SgIpgIglS such amendments rnto the allegeflla*, which admtttedly ls a rtslry undertaldng. but to declare that the bill was not duly enacted and therefore dld not become law. Thls We do, as tndeed both the Presldent of the Senate and the Chlef Execuuve dld, when they wlthdrew tfietr slgnatures thereln. 37!l The petltlon ls denled and R.A. 4O65 ts declared not .15' to have been duly enacted and therefore dld not become
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law.