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Javellana vs. The Executive Secretary, et al. [ SEPARATE OPINION, ANTONIO, J. ]

JOSUE JAVELLANA, petitioner vs. THE EXECUTIVE SECRETARY, THE SECRETARY OF NATIONAL DEFENSE, THE SECRETARY OF JUSTICE and THE SECRETARY OF FINANCE, respondents. / VIDAL TAN, J. ANTONIO ARANETA, ALEJANDRO ROCES, MANUEL CRUDO, ANTONIO U. MIRANDA, EMILIO DE [ SEPARATE OPINION, ANTONIO, J. ]

G.R. No. L-36142 / No. L-36164 / No. L-36165 / No. L-36236 / No. L-36283 | 1973-03-31

SEPARATE OPINION

ANTONIO, J.: 

In conformity with my reservation, I shall discuss the grounds for my concurrence. 


It is my view that to preserve the independence of the State, the maintenance of the existing constitutional order and the defense of the political and social liberties of the people, in times of a grave emergency, when the legislative branch of the government is unable to function or its functioning would itself threaten the public safety, the Chief Executive may promulgate measures legislative in character, for the successful prosecution of such objectives. For the "President's power as Commander-in-chief has...