Nov 1, 2010

Gonzales vs. Hechanova

9 SCRA 230

FACTS: Respondent Executive Secretary authorized the importation of 67,000 tons of foreign rice to be purchased from private sources. Thereupon, herein petitioner, Ramon A. Gonzales, a rice planter, and president of the Iloilo Palay and Corn Planters Association, 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. 2207, explicitly, prohibits the importation of rice and corn by the “Rice and Corn Administration or any other government agency.”

ISSUE: Whether an international agreement may be invalidated by our courts.
HELD: The Constitution of the Philippines has clearly settled in the affirmative by providing in Section 2 of Article VIII thereof, that the Supreme Court may not be deprived “of its jurisdiction to review, revise, reverse, modify, or affirm on appeal, certiorari, or writ of error as the law or the rules of court may provide, final judgments and decrees of inferior courts in all cases in which the constitutionality or validity of any treaty, law, ordinance, or executive order, or regulation is in question.” In other words, our Constitution authorizes the nullification of a treaty, not only when it conflicts with the fundamental law, but also, when it runs counter to an act of Congress.
The alleged consummation of the aforementioned contracts with Vietnam and Burma does not render this case academic. Republic Act No. 2207 enjoins our government not from entering into contracts for the purchase of rice, but from entering rice, except under the 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 may 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 Philippines, the proposed importation may still be legalized by complying with the provisions of the aforementioned laws.


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