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G.R. No.

L-1123 March 5, 1947

ALEJO MABANAG, ET AL., petitioners,

JOSE LOPEZ VITO, ET AL., respondents.

Three of the plaintiff senators and eight of the plaintiff representatives had been proclaimed by a majority vote of the
Commission on Elections as having been elected senators and representatives in the elections held on April 23, 1946.
The three senators were suspended by the Senate shortly after the opening of the first session of Congress following
the elections, on account of alleged irregularities in their election. The eight representatives since their election had
not been allowed to sit in the lower House, except to take part in the election of the Speaker, for the same reason,
although they had not been formally suspended. A resolution for their suspension had been introduced in the House
of Representatives, but that resolution had not been acted upon definitely by the House when the present petition was

As a consequence these three senators and eight representatives did not take part in the passage of the questioned
resolution, nor was their membership reckoned within the computation of the necessary three-fourths vote which is
required in proposing an amendment to the Constitution. If these members of Congress had been counted, the
affirmative votes in favor of the proposed amendment would have been short of the necessary three-fourths vote in
either branch of Congress.


filed or the prohibition of the furtherance of the said The respondents deny that this Court has jurisdiction,
resolution amending the constitution. relying on the conclusiveness on the courts of an enrolled
bill or resolution.


Whether or not The SC is bound by the contents of a duly
the Court can authenticated resolution (enrolled bill) by the
take legislature. In case of conflict, the contents of an
cognizance of enrolled bill shall prevail over those of the
the issue at bar. journals.

Whether or not
the said
resolution was
duly enacted by
Enrolled Bill – that which has been duly introduced, finally passed by both houses, signed by the proper
officers of each, approved by the president and filed by the secretary of state.