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    Morales vs. Subido

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    Patrick Allen
    1. Enrique Morales petitioned to be appointed chief of police in Manila after the previous chief resigned. However, the Commissioner of Civil Service rejected Morales' appointment. 2. The Police Act of 1966 specifies qualifications for chief of police, including a bachelor's degree and military experience. However, the final version passed by Congress omitted military experience as an alternative qualification. 3. Morales argued this was an unintended omission, citing drafts of the bill that included military experience. However, the court denied Morales' motion for reconsideration, finding the judicial branch cannot investigate legislative proceedings or amend statutes.

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    Morales vs. Subido

    Uploaded by

    Patrick Allen
    176 views1 page
    1. Enrique Morales petitioned to be appointed chief of police in Manila after the previous chief resigned. However, the Commissioner of Civil Service rejected Morales' appointment. 2. The Police Act of 1966 specifies qualifications for chief of police, including a bachelor's degree and military experience. However, the final version passed by Congress omitted military experience as an alternative qualification. 3. Morales argued this was an unintended omission, citing drafts of the bill that included military experience. However, the court denied Morales' motion for reconsideration, finding the judicial branch cannot investigate legislative proceedings or amend statutes.

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    1. Enrique Morales petitioned to be appointed chief of police in Manila after the previous chief resigned. However, the Commissioner of Civil Service rejected Morales' appointment. 2. The Police Act of 1966 specifies qualifications for chief of police, including a bachelor's degree and military experience. However, the final version passed by Congress omitted military experience as an alternative qualification. 3. Morales argued this was an unintended omission, citing drafts of the bill that included military experience. However, the court denied Morales' motion for reconsideration, finding the judicial branch cannot investigate legislative proceedings or amend statutes.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    176 views1 page

    Morales vs. Subido

    Uploaded by

    Patrick Allen
    1. Enrique Morales petitioned to be appointed chief of police in Manila after the previous chief resigned. However, the Commissioner of Civil Service rejected Morales' appointment. 2. The Police Act of 1966 specifies qualifications for chief of police, including a bachelor's degree and military experience. However, the final version passed by Congress omitted military experience as an alternative qualification. 3. Morales argued this was an unintended omission, citing drafts of the bill that included military experience. However, the court denied Morales' motion for reconsideration, finding the judicial branch cannot investigate legislative proceedings or amend statutes.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Statutory Construction Case #1

    Chapter 1
    Enrique Morales vs. Abelardo Subido, Comm. of Civil Service
    Characters of the Story:
    Petitioner - an appointed chief of Manila which became vacant after the resignation of the
    former chief of police.
    Respondent - is the Commissioner of Civil Service who approves designation but rejected the
    appointment for the chief of police position of the petitioner
    Reason: Sec 10 Police Act of 1966
    No person may be appointed chief of a city police unless he holds a bachelors degree
    and has served either in the AFP or the NBI or police department of any city and has held the
    rank of captain or its equivalent therein for 3 years OR at least a high school graduate who
    has served as officer of AFP for at least 8 years with rank or captain and/or higher.
    Petition Motion for Reconsideration
    History:
    1. In the Sec 10 of House Bill 6951, or at least a high school graduate who has served the
    police department of a city for at least 8 years
    2. Rodrigo amendment was inserted who has served the police department of a city or
    who has served as officer of the AFP for at least 8 years
    3. This new version, with Rodrigo amendment was the version approved by the Senate on
    the 3rd reading.
    4. When the bill emerged in the conference committee, the same version is used with
    insertion of a bachelor degree who has served as chief of police with exemplary
    record
    5. A photostatic copy of this different drafts on House Bill 6951 was submitted by petitioners.
    It appears that:
    The omission whether deliberate or unintended was made not at any stage of the
    legislative proceedings but only in the engrossment of the bill specifically in the proofreading
    thereof. The change was made not by the Congress but only by an employee just to rewrite it in
    order to suit some stylistic preferences.
    Courts Ruling:
    The Motion for Reconsideration is denied.
    Reasons:
    1.

    The petitioners misconceives the function of the judiciary under our system of
    Government. This investigation can be better done in Congress. By Separation of Power
    principle, the remedy is by amendment or curative legislation, not by judicial decree.
    2. By the principle of enrolled bill, the text of the act as passed and approved is
    deemed importing absolute verity and is binding on the courts.

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