Case Digest (G.R. No. L-23825) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Emmanuel Pelaez v. Auditor General, decided on December 24, 1965 under G.R. No. L-23825, petitioner Emmanuel Pelaez, in his capacity as Vice-President of the Philippines and as taxpayer, sought a special civil action for a writ of prohibition with preliminary injunction against respondent Auditor General. From September 4 to October 29, 1964, the President, invoking Section 68 of the Revised Administrative Code (originally Act No. 1748), issued Executive Orders Nos. 93–121, 124 and 126–129 creating thirty-three municipalities across various provinces. On November 10, 1964, Pelaez alleged that these orders were null and void because Section 68 had been impliedly repealed by Republic Act No. 2370 (the Barrio Charter) and constituted an undue delegation of legislative power. He prayed that the Auditor General be restrained from passing in audit any expenditure of public funds or disbursement by the newly created municipalities. The Solicitor General appeared for respondent, argu Case Digest (G.R. No. L-23825) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Creation of Municipalities
- From September 4 to October 29, 1964, the President, under Section 68 of the Revised Administrative Code, issued Executive Orders Nos. 93–121, 124, 126–129.
- These orders purported to create thirty-three (33) new municipalities across several provinces.
- Initiation of Special Civil Action
- On November 10, 1964, Emmanuel Pelaez filed a special civil action for a writ of prohibition with preliminary injunction against the Auditor General.
- He sought to restrain the Auditor General (and agents) from passing in audit any disbursement or expenditure of public funds in implementation of the executive orders.
- Procedural Developments
- Petitioner alleged the executive orders are null and void because Section 68 was impliedly repealed by Republic Act No. 2370 and constitutes undue delegation of legislative power.
- Respondent argued the action was premature and not all proper parties (new municipal officials) were impleaded. Mayors of affected former municipalities intervened and amici curiae appeared.
Issues:
- Whether Section 68 of the Revised Administrative Code has been impliedly repealed by Republic Act No. 2370 (The Barrio Charter).
- Whether Section 68 constitutes an unconstitutional or undue delegation of legislative power to the President in creating municipalities.
- Whether the petition is premature or improperly lack certain indispensable parties.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)