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Thursday, April 18, 2013

Gonzales v. Hechanova


Gonzales v. Hechanova
G.R. No. L-21897 October 22, 1963
Concepcion, J.

Facts:

                On September 22, 1963, respondent Executive Secretary authorized the importation of 67,000 tons of foreign rice to be purchased from private sources, and created a rice procurement committee composed of the other respondents herein1 for the implementation of said proposed importation. Thereupon, or September 25, 1963, herein petitioner, Ramon A. Gonzales — a rice planter, and president of the Iloilo Palay and Corn Planters Association, whose members are, likewise, engaged in the production of rice and corn — filed the petition herein, averring that, in making or attempting to make said importation of foreign rice, the aforementioned respondents “are acting without jurisdiction or in excess of jurisdiction”, because Republic Act No. 3452 which allegedly repeals or amends Republic Act No. 220.

Issue:

                whether the enactment of RA 2207 nad 345 providing for the importation of foreign rice is a valid exercise of police power

Held:

                No. The attempt to justify these laws by invoking reasons of national security — predicated upon the worsening situation in Laos and Vietnam”, and the tension created by the Malaysia problem and the alleged powers of the President as Commander-in-Chief of all armed forces in the Philippines, under Section 2 of the National Defense Act (Commonwealth Act No. 1), overlooks the fact that the protection of local planters of rice and corn in a manner that would foster and accelerate self-sufficiency in the local production of said commodities constitutes a factor that is vital to our ability to meet possible national emergency. Even if the intent in importing goods in anticipation of such emergency were to bolster up that ability, the latter would, instead, be impaired if the importation were so made as to discourage our farmers from engaging in the production of rice.

                Besides, the stockpiling of rice and corn for purpose of national security and/or national emergency is within the purview of Republic Act No. 3452. Section 3 thereof expressly authorizes the Rice and Corn Administration “to accumulate stocks as a national reserve in such quantities as it may deem proper and necessary to meet any contingencies”. Moreover, it ordains that “the buffer stocks held as a national reserve ... be deposited by the administration throughout the country under the proper dispersal plans ... and may be released only upon the occurrence of calamities or emergencies ...”.

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