US v. Pons
G.R. No. L-11530
August 12, 1916
Trent, J.
Held:
While
there are no adjudicated cases in this jurisdiction upon the exact question whether
the courts may take judicial notice of the legislative journals, it is well settled
in the United States that such journals may be noticed by the courts in determining
the question whether a particular bill became a law or not. The result is that the
law and the adjudicated cases make it our duty to take judicial notice of the legislative
journals of the special session of the Philippine Legislature of 1914. These journals
are not ambiguous or contradictory as to the actual time of the adjournment. They
show, with absolute certainty, that the Legislature adjourned sine die at 12 o’clock
midnight on February 28, 1914.
Passing over the
question whether the printed Act (No. 2381), published by authority of law, is conclusive
evidence as to the date when it was passed, we will inquire whether the courts may
go behind the legislative journals for the purpose of determining the date of adjournment
when such journals are clear and explicit. From the foregoing it is clear that this
investigation belongs entirely to that branch of legal science which embraces and
illustrates the laws of evidence. On the one hand, it is maintained that the Legislature
did not, as we have indicated, adjourn at midnight on February 28, 1914, but on
March 1st, and that this allegation or alleged fact may be established by extraneous
evidence; while, on the other hand, it is urged that the contents of the legislative
journals are conclusive evidence as to the date of adjournment. In order to understand
these opposing positions, it is necessary to consider the nature and character of
the evidence thus involved. Counsel for the appellant, in order to establish his
contention, must necessarily depend upon the memory or recollection of witnesses,
while the legislative journals are the acts of the Government or sovereign itself.
From their very nature and object the records of the Legislature are as important
as those of the judiciary, and to inquiry 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. These considerations of public policy led to the adoption of the rule
giving verity and unimpeachability to legislative records. If that character is
to be taken away for one purpose, it must be taken away for all, and the evidence
of the laws of the state must rest upon a foundation less certain and durable than
that afforded by the law to many contracts between private individuals concerning
comparatively trifling matters.
No comments:
Post a Comment