Wednesday, October 26, 2011

Gonzales vs exec secretary L-21897


Gonzales vs exec secretary
L-21897

FACTS: petitioner herein filed a case for prohibition with preliminary injunction contending that the respondednts herein acted without or in excess of jurisdiction because RA 3452 which repealed RA 2207 explicitly prohibits the importation of rice and corn.  The petitioners argue tht he should be given preference over the importers of the abovementioned commodity as he is a local grower of the same.

ISSUE: whether or not the respondednt committed grave buse of discretion amounting to lck or excess of jurisdiction in importing rice.

HELD  The contracts for the purcse of ice and corn by the phillipines is a valid executive agreement under the international law.  The conflict between RA 3452 nd RA 2207 on one hand and the contracts with Burma and Vietnam on the other, must be treated in favor of one which is the latest.  However, such jurisprudence is not applicable in the cse at bar.  The rule ofmajority should aply.  The majority of the justices in the SC favored the respondent.  Invoking othe power of the SC to decide the invslidation of the international agreement. 

Hence, petition is denied for lack of the requisite of majority.

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