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Gonzales vs. Hechanova

The executive secretary authorized the import of 67,000 tons of rice from private sources. A rice planter filed a case arguing this was illegal under RA 2207, which prohibits rice importation by government agencies. The Supreme Court held that while it has the power of judicial review, declaring the importation illegal would not compel the government to default on any international agreements, as the import could still be legalized by complying with RA 2207. The case was not rendered academic by any contracts with rice exporting countries.

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0% found this document useful (0 votes)
128 views1 page

Gonzales vs. Hechanova

The executive secretary authorized the import of 67,000 tons of rice from private sources. A rice planter filed a case arguing this was illegal under RA 2207, which prohibits rice importation by government agencies. The Supreme Court held that while it has the power of judicial review, declaring the importation illegal would not compel the government to default on any international agreements, as the import could still be legalized by complying with RA 2207. The case was not rendered academic by any contracts with rice exporting countries.

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icesoot
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Gonzales vs.

Hechanova 9 SCRA 230 Facts: Respondent executive secretary authorized importation of 67,000 tons of foreign rice to be purchased from private sources. Ramon A. Gonzales, a rice planter and president of ilo-ilo palay and corn planters asso., filed and averring that in making or attempting to make importation of foreign rice are acting without jurisdiction or in excess of jurisdiction because RA 2207, explicitly prohibits the importation of rice and corn by Rice and Corn Administration or any government agency. Issue: Whether an international agreement may be invalidated by our courts. Held: The power of judicial review is vested with the supreme court in consonace to section 2 art. VIII of the constitution. the alleged consummation of the contracts with vietnam and burma does not render this case academic. RA 2207, enjoins our government not from entering contracts for the purchase of rice, but from entering rice, except under conditions prescribed in said act. A judicial declaration of illegality of the proposed importation would not compel our government to default in the performance of such obligations as it mat have contracted with the sellers of rice in question because aside from the fact that said obligations may be complied without importing the said commodity into the phils., the proposed importation may still be legalized by complying with the provisions of the aforementioned law.

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