2017 (Political Law) Bar Exam Questions: Question 10

[Answer/discuss the question below, or see 2017 bar exam Political Law Instructions; 2017 Political Law Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15; See also 2017 Bar Exam: Information, Discussions, Tips, Questions and Results]

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A.

Under the enrolled bill doctrine, the signing of a bill by both the Speaker of the House of Representatives and the President of the Senate and the certification by the secretaries of both Houses of Congress that the bill was passed on a certain date are conclusive on the bill’s due enactment. Assuming there is a conflict between the enrolled bill and the legislative journal, to the effect that the enrolled bill signed by the Senate President and eventually approved by the President turned out to be different from what the Senate actually passed as reflected in the legislative journal.

(a) May the Senate President disregard the enrolled bill doctrine and consider his signature as invalid and of no effect? (2.5%)

(b) May the President thereafter withdraw his signature? Explain your answer. (2.5%)

B.

Sec. 26(2), Art. VI of the Constitution provides that no bill passed by either House of Congress shall become a law unless it has passed three readings on separate days and printed copies of it in its final form have been distributed to the Members of the House three days before its passage.

Is there an exception to the provision? Explain your answer. (3%)

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