Legally Yours,  Political Law

Rodriguez v. Gella

G.R. No. L-6266; February 2, 1953

On August 26, 1949, the court passed upon the status of CA No. 671 approved on December 16, 1949. Five members held that the Act ceased to be operative in its totality when the Congress convened in special session. Herein petitioners seek to invalidate EO Nos. 545 and 546 appropriating the sum of P37, 850, 500 for urgent and essential public works and setting aside the sum of P11, 367, 600 for relief from typhoons, floods, and other calamities. Congress passed House Bill 727 intending to revoke CA 671 but was vetoed by the President.

Whether or not EO 545 and 546 are still operative

Act 671 may be likened to an ordinary contract of agency whereby the consent of the agent is necessary only in the sense that he cannot be compelled to accept the trust, in the same way, that the principal cannot be forced to keep the relation in eternity or the will of the agent. The logical view consistent with constitutionality is to hold that the power lasted only during the emergency resulting from the last world war. That emergency, which naturally terminated upon the ending of the last world war, was contemplated by the members of the National Assembly. Shelter may not be sought in the proposition that the President should be allowed to exercise emergency powers for the sake of speed and expediency in the interest and for the welfare of the people because we have the Constitution designed to establish a government under a regime of justice, liberty and democracy, and since our government is based on the system of separation of powers. Wherefore, EO Nos. 545 and 546 are declared null and void.

Leave a Reply

Your email address will not be published. Required fields are marked *

%d bloggers like this: