Gonzales vs Henchanova [9 SCRA 230]

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Facts: Respondent executive secretary (Henchanova) authorized importation of 67,000 tons of foreign rice to be purchased from private sources (Burma and Vietnam). Ramon A. Gonzales, a rice planter and president of ilo-ilo palay and corn planters association, 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.

Issues:

Whether the importation of foreign rice can prosper?
Whether the executive secretary acted within his authorities and jurisdiction?


Held: The importation of foreign rice may prosper provided that there is an existing or imminent shortage of such commodity of much gravity as to constitute national emergency. This exception however was not present; therefore, the importation of foreign rice cannot prosper.

The executive secretary had and has no power to authorize the importation in question; that he exceeded his jurisdiction in granting said authority.

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