You are on page 1of 1

Antonio Araneta is being charged for allegedly violating of Executive Order

62 which regulates rentals for houses and lots for residential buildings.
Judge Rafael Dinglasan was the judge hearing the case. Araneta appealed
seeking to prohibit Dinglasan and the Fiscal from proceeding with the
case. He averred that EO 62 was issued by virtue of Commonwealth Act
(CA) No. 671 which he claimed ceased to exist, hence, the EO has no legal
basis.
Three other cases were consolidated with this one. L-3055 which is an
appeal by Leon Ma. Guerrero, a shoe exporter, against EO 192 which
controls exports in the Philippines; he is seeking to have permit issued to
him.
L-3054 is filed by Eulogio Rodriguez to prohibit the treasury from
disbursing funds [from 49-50] pursuant to EO 225.
L-3056 filed by Antonio Barredo is attacking EO 226 which was
appropriating funds to hold the national elections.
They all aver that CA 671, otherwise known as AN ACT DECLARING A
STATE OF TOTAL EMERGENCY AS A RESULT OF WAR INVOLVING THE
PHILIPPINES AND AUTHORIZING THE PRESIDENT TO PROMULGATE RULES
AND REGULATIONS TO MEET SUCH EMERGENCY or simply the Emergency
Powers Act, is already inoperative and that all EOs issued pursuant to said
CA had likewise ceased.
ISSUE: Whether or not CA 671 has ceased.
HELD: Yes. CA 671, which granted emergency powers to the president,
became inoperative ex proprio vigore (By its own force or vigor) when
Congress met in regular session on May 25, 1946, and that Executive
Orders Nos. 62, 192, 225 and 226 were issued without authority of law. In
setting the first regular session of Congress instead of the first special
session which preceded it as the point of expiration of the Act, the SC is
giving effect to the purpose and intention of the National Assembly. In a
special session, the Congress may consider general legislation or only
such subjects as he (President) may designate. Such acts were to be
good only up to the corresponding dates of adjournment of the following
sessions of the Legislature, unless sooner amended or repealed by the
National Assembly. Even if war continues to rage on, new legislation must
be made and approved in order to continue the EPAs, otherwise it is lifted
upon reconvening or upon early repeal.

You might also like