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The petitioners sought to invalidate Executive Order Nos. 545 and 546 issued by the president using emergency powers granted by Congress. The Supreme Court ruled the executive orders were invalid. According to the Constitution, the president can only exercise emergency powers authorized by Congress during a declared national emergency for a limited time period, not at any time the president wants. The emergency powers must be used to carry out policies declared by Congress, not exercised whenever the president wants.
The petitioners sought to invalidate Executive Order Nos. 545 and 546 issued by the president using emergency powers granted by Congress. The Supreme Court ruled the executive orders were invalid. According to the Constitution, the president can only exercise emergency powers authorized by Congress during a declared national emergency for a limited time period, not at any time the president wants. The emergency powers must be used to carry out policies declared by Congress, not exercised whenever the president wants.
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The petitioners sought to invalidate Executive Order Nos. 545 and 546 issued by the president using emergency powers granted by Congress. The Supreme Court ruled the executive orders were invalid. According to the Constitution, the president can only exercise emergency powers authorized by Congress during a declared national emergency for a limited time period, not at any time the president wants. The emergency powers must be used to carry out policies declared by Congress, not exercised whenever the president wants.
Copyright:
Attribution Non-Commercial (BY-NC)
Verfügbare Formate
Als DOC, PDF, TXT herunterladen oder online auf Scribd lesen
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