Rodriguez vs Gella Case Digest – GR No L-6266 – February 2, 1953

Rodriguez vs Gella Case Digest

Rodriguez vs Gella Case Digest

On August 26, 1949, this court had already passed upon the status of Commonwealth Act No. 671, approved on December 16, 1941, “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.”


Notwithstanding the ruling in Araneta vs Dinglasan, Pres Quirini continues to exercise his emergency powers under CA 671, promulgating EO 545 and 546 appropriating funds for public works and the relief of victims of calamities.

Petitions seek to invalidate said EOs.



Whether or not the forgoing Executive Orders are valid.

Ruling and Analysis – Rodriguez vs Gella Case Digest

The President cannot just set aside funds for special purposes, since Congress has been approving appropriation acts.

If the President had ceased to have powers with respect to general appropriations, none can remain in respect of special appropriations; otherwise, he may do indirectly what he cannot do directly.

Wherefore, Executive Orders Nos. 545 and 546 are hereby declared null and void, and the respondents are ordered to desist from appropriating, releasing, allotting, and expending the public funds set aside therein. So ordered, without costs.

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