ARANETA vs.

DINGLASAN
G.R No. L-2044.
Aug 26, 1949
Topic: Operative Act for the effectivity of a Decision ( Re: Effect of the death of a justice)

FACTS:
Previously, on Araneta v. Dinglasan…..
1. Multiple (consolidated) petitions challenged the validity of EO’s of the President avowedly issued by virtue of
Commonwealth Act 671 “Emergency Powers Act” 1 which was enacted pursuant to Section 23 of Art 6 of the
Constitution2.
2. The court ruled that the EO’s promulgated by Pres under Act 671 BEFORE the regular session of Congress was
resumed postwar is valid. But the EO’s promulgated AFTER the regular session of congress are invalid (EO
192,225,226). The regular session to have been held May 25, 1946.
New info in relation to topic….
3. In the case, prior to the ruling, the petitioner had also filed a motion asking that the vote casted by the late Mr.
Justice Perpecto before his death be counted in their favor.

ISSUE: WHETHER OR NOT the vote and opinion of deceased Justice Perfecto can be counted.

RULING:
Mr. Justice Perfecto died and ceased to be a member of this Court on August 17, 1949, and our decision in these
cases was released for publication on August 26, 1949. Rule 53, section 1, in connection with Rule 58, section 1, of
the Rules of Court, is as follows:

SECTION 1. Judges: who may take part. — All matters submitted to the court for its consideration
and adjudication(decision) will be deemed to be submitted for consideration and adjudication(decision) by
any and all of the justices who are members of the court at the time when such matters are taken up for
consideration and adjudication, whether such justices were or not members of the court and whether they
were or were not present at the date of submission; . . . .

Under this provision, one who is not a member of the court at the time an adjudication is made cannot take part in
the adjudication. And a decision of this Court, to be of value and binding force, must be in writing duly signed and
promulgated. Promulgated means the delivery of the decision to the Clerk of Court for filing and publication.

So, one who is no longer a member of this Court at the time a decision is signed and promulgated, cannot validly
take part in that decision. The true decision of the Court is that which is signed duly promulgated. Before that
decision is so signed and promulgated, there is no decision of the Court to speak of. Before signing, that vote is of
no value if it is not thus confirmed by the Justice casting it.

Another reason why the vote and opinion of the Mr. Justice Perfecto cannot be considered is that his successor, Mr.
Justice Torres, has been allowed by this Court to take part in the decision on the question of emergency powers
because of lack of majority on that question. And Mr. Justice Torres is not bound to follow any opinion previously
held by Mr. Justice Perfecto on that matter.

1
Commonwealth Act No. 671. 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.
2 Section 23.

1. The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately, shall have the sole power to declare
the existence of a state of war.
2. In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to
such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner
withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof.