Rodriguez V.

Gella – Delegation of Powers

FACTS:

Eulogio Rodriguez et al. seek to invalidate Executive Orders 545 and 546 issued in 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, droughts,
earthquakes, volcanic action and other calamities. They sought to have Vicente Gella, then National
Treasurer, be enjoined from releasing funds pursuant to said EOs. These EOs were pursuant to
Commonwealth Act 671. Note that prior to Araneta V. Dinglasan, Congress passed House Bill 727
intending to revoke CA 671 but the same was vetoed by the President due to the Korean War and his
perception that war is still subsisting as a fact. Note also that CA 671 was already declared inoperative by
the Supreme Court in the same case of Araneta V. Dinglasan.

ISSUE:

Whether or not Executive Orders 545 and 546 are valid.

HELD:

NO. This court had already passed upon the status of Commonwealth Act No. 671, “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.” As the Act was expressly in pursuance of the
constitutional provision, it has to be assumed that the National Assembly intended it to be only for a
limited period. It is concluded that the powers delegated to the President had been withdrawn as to
matters already legislated upon by the Congress or on which the latter had demonstrated its readiness or
ability to act.

As similarly decided in the Araneta V. Dinglasan case, the EOs’ issued in pursuant to CA 671 shall
be rendered ineffective. The president, in returning to the Congress his signature Bill No. 727, did not
invoke any actual emergencies or calamities emanating from the last world war which CA 671 has been
intended. Without such invocation, the veto of the president cannot be the merit for the emergency he
feared cannot be attributed to the war contemplated in CA 671. Even if the president vetoed the repealing
bill the intent of Congress must be given due weight. For it would be absurd to contend otherwise. For
“while Congress might delegate its power by a simple majority, it might not be able to recall them except
by two- third vote. In other words, it would be easier for Congress to delegate its powers than to take
them back. This is not right and is not, and ought not to be the law.” Act No. 671 may be likened to an
ordinary contract of agency, whereby the consent of the agent is necessary only in the sense that he
cannot be compelled to accept the trust, in the same way that the principal cannot be forced to keep the
relation in eternity or at the will of the agent. Neither can it be suggested that the agent created under
the Act is coupled with interest.

WHEREFORE, Executive Order Nos. 545 and 546 are hereby declared NULL and VOID.