Back

Araneta vs. Dinglasan [SEPARATE OPINION, CONCURRING AND DISSENTING, REYES, 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 | 1949-08-26

CONCURRING AND DISSENTING

REYES, J.:

The main issue in these cases is whether the emergency which on December 16, 1941 prompted the approval of Commonwealth Act No. 671, delegating extraordinary powers to the President, still existed at the time the Chief Executive exercised those powers by promulgating the executive orders whose validity is now challenged. 

On issues similar to the one just formulated there is a diversity of opinions. While some, courts would rather leave the determination of such issues to the political department of the Government; others are for making the determination subject to judicial review. But the latest...