University

of the Philippines College of Law

CONSTITUTIONAL LAW 1 | BMZ D2022

Case Name Araneta v. Dinglasan

Topic Emergency Powers
Case No. | Date GR No. L-2044 | August 26, 1949
Ponente Tuason, J.
Five different cases are consolidated in this case, all of which assail the validity of different
executive orders issued by the President. All of these aver that Commonwealth Act 671, otherwise
known as the Emergency Powers Act has already become inoperative and that all Eos issued
pursuant to said CA likewise ceased to have any force and effect.

The Court held that the Act is indeed inoperative when Congress met during the opening of the
regular session on May 1946 and that EOs 62, 192, 225 and 226 were issued without authority of
Case Summary
law.

Sec. 26, Art VI of the 1935 Constitution gives the president emergency powers for a limited period
which is intended to mean restrictive in duration. Emergency, in order to justify the delegation of
emergency powers, “must be temporary or it cannot be said to be an emergency.” Commonwealth
Act 671 is presumed to have been approved with this limitation in view, otherwise it would be
repugnant of the Constitution.

Emergency, in order to justify the delegation of emergency powers, must be temporary or it cannot
Doctrine
be said to be an emergency.

RELEVANT FACTS

• The petitions challenge the validity of executive of the President issued in virtue of Commonwealth Act No.
671.

• In L-2044 and L-2756, Antonio Araneta is being charged for allegedly violating of Executive Order 62 which
regulates rentals for houses and lots for residential buildings.
• Three other cases were consolidated in this case.
o L-3055 which is an appeal by Leon Ma. Guerrero, a shoe exporter, seeks to be issued a required
export license. Officials refuse to issue this license because the exportation of shoes from the
Philippines is against EO 192 which controls exports in the Philippines.
o L-3054 is filed by Eulogio Rodriguez to prohibit the treasury from disbursing funds [from ’49-‘50]
pursuant to EO 225.
o L-3056 filed by Antonio Barredo is attacking EO 226 which was appropriating funds to hold the
national elections in November 1949.
• Petitions all aver that CA 671, otherwise known the Emergency Powers Act, is already inoperative and that
all EOs issued pursuant to said CA had likewise ceased to have any force and effect.




 University of the Philippines College of Law
CONSTITUTIONAL LAW 1 | BMZ D2022

RATIO DECIDENDI
Issue Ratio
W/N CA 671 has YES. The Act fixed a definite limited period. The Court held that it became inoperative
ceased to have any when Congress met during the opening of the regular session on May 1946 and that EOs
force and effect? 62, 192, 225 and 226 were issued without authority of law.

In a special session, Congress may consider general legislation or only such subjects as the
President may designate. In a regular session, the power of Congress to legislate is not
circumscribed except by the limitations imposed by the organic law.

Article VI of the Constitution provides that any law passed by virtue thereof should be for
a limited period. Limited means restricted; “limited period” as used in the Constitution
are beyond question intended to mean restrictive in duration. Emergency, in order to
justify the delegation of emergency powers, must be temporary or it cannot be said to
be an emergency.
• It is presumed that CA 671 was approved with this limitation in view. Opposite
theory would make it repugnant to the Constitution.

The Court also cited President Quezon’s statement regarding the duration of Act 671 as
“enlightening and should carry much weight, considering his part in the passage and in
the carrying out of the law.”
• In his autobiography, The Good Fight, he said that Act 671 was only for a certain
period and would become invalid unless reenacted.

The session of the Congress is the point of expiration of the Act and not the first special
session after it.

Executive Orders No. 62 (dated June 21, 1947) regulating house and lot rentals, No. 192
(dated December 24, 1948) regulating exports, Nos. 225 and 226 (dated June 15,1949) the
first appropriation funds for the operation of the Government from July 1, 1949 to June
30, 1950, and the second appropriating funds for election expenses in November 1949,
were therefore declared null and void for having been issued after Act No. 671 had
lapsed and/or after the Congress had enacted legislation on the same subjects.

This is based on the language of Act 671 that the National Assembly restricted the life of
the emergency powers of the President to the time the Legislature was prevented from
holding sessions due to enemy action or other causes brought on by the war.



RULING
Petitions GRANTED.
This decision takes effect fifteen days from the entry of final judgment.


 University of the Philippines College of Law
CONSTITUTIONAL LAW 1 | BMZ D2022

SEPARATE OPINIONS

Bengzon, J. Dissenting
• “Firing at one another may mean as many misses.”
• The cases should be decided separately.
o L-2044 – President has now poer to regulate rents.
o L-3056 – Petitioner has no personality to sue.
o L-3054 – Dismissed.
o L-3055 – Congress withdrew power delegated to the President.

Moran, CJ. Concurring in part.
• The emergency powers of the President did not cease in May 1946 but when on June 1945 when Congress
convened in a special session to consider general legislation.
o Emergency contemplated in CA 671 is total emergency which means the state of actual war
involving the Philippines -> government paralyzed, impossible for National Assembly to act.
• Not all executive orders under CA 671 are null and void. Each order must be viewed in the light of its
peculiar circumstances.

Montemayor, J. Concurring and Dissenting
• CA 671 is still in force and effect. However, the executive orders mentioned were issued without authority.
o The only real test for the continuance of the exercise of emergency powers is the continued
existence of the emergency, not the inability of Congress to meet in regular session.
• Theory underlying delegation of emergency powers; Legislature would be unable to meet because of the
war; and the ordinary process would be too slow and inadequate.
o But in Eos 225 and 226, Legislature demonstrated that not only could it meet but that it could
legislate on this point of appropriations by approving general appropriation laws for difference fiscal
years.
o Failure of Legislature to pass an appropriation law was not due to war but because of lack of time.