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Araneta vs. Dinglasan [SEPARATE OPINION, CONCURRING, FERIA, J.]

J. ANTONIO ARANETA, petitioner, vs. RAFAEL DINGLASAN, Judge of First Instance of Manila, and JOSE P. BENGZON, Fiscal of City of Manila, respondents

G.R. No. L-2044 | 1949-09-16

CONCURRING

FERIA, J.:

The respondents in the cases G. R. No. L-3054 and 3056 contend that the petitioners in said cases can not institute an action to invalidate the Executive Orders Nos. 225 and 226 promulgated, by the President, because they have no interest in preventing the illegal expenditures of moneys raised by taxation, and can not therefore question the validity of said executive orders requiring expenditures of public money.

Although this Supreme Court, in the case of Custodio v. The President of the Senate, G. R. No. L-117 (42 Off. Gaz. 1243), held in a minute resolution "That the constitutionality of a legislative act is open...