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ARTICLE VII DELEGATION OF POWERS prescribed period.

It cannot be exercised at any time as the


President may want to be.
Eulogio Rodriguez, SR., ETC., ET AL., petitioners
v. Vicente Gella, ETC., ET AL., respondents
(92 PHIL. 603 [Feb. 2, 1953])

Ponente: Paras, C.J.:

Facts:

Petitioners herein seek to invalidate E.O. Nos. 545 and 546


issued on November 10, 1952, the first appropriating the sum
of P37,850,500 for urgent and essential public works, and the
second setting aside the sum of P11,367,600 for relief in the
provinces and cities visited by typhoons, floods, drought,
earthquakes and other calamities. E.O.’s were issued by virtue
of C.A. No. 671 “The Emergency Powers Act.”

Issue:

WON E.O.’s Nos. 545 and 546 are valid?

Held:

NO. Section 26 of Article VI of the Constitution provides that


“in times of war or other national emergency, the Congress
may by law authorize the President, x x x to
prescribe/promulgate rules and regulations to carry out a
declared national policy. The said powers are limited in the

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