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Araneta vs. Dinglasan [SEPARATE OPINION, CONCURRING, MORAN, CJ.]

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 | 1949-08-26

CONCURRING

MORAN, C. J.:

I agree with the opinion prepared by Mr. Justice Tuason, except on the points hereunder discussed. 

I believe, on the one hand, that the Emergency Powers of the President had ceased not in May 1946, when Congress held its regular sessions, as Mr. Justice Tuason and Mr. Justice Feria maintain, but on June 9, 1945, when Congress convened in a special session to consider general legislation. The emergency contemplated in Commonwealth Act No. 671, is "total emergency" which means the state of actual war involving the Philippines, with the impending Invasion and occupation of our country by the enemy and the...