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Emmanuel Pelaez, The Auditor General

Emmanuel Pelaez, as Vice President and taxpayer, filed a special civil action against the Auditor General to prohibit the auditing of any public funds used to implement 33 executive orders by President Marcos creating new municipalities. Pelaez argued the executive orders were null and void as Section 68 of the Revised Administrative Code, the authority cited, had been repealed. The Auditor General disagreed and said the action was premature since not all relevant parties, such as officials of the new municipalities, had been included.

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Nicole Stephanie Wee
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58 views1 page

Emmanuel Pelaez, The Auditor General

Emmanuel Pelaez, as Vice President and taxpayer, filed a special civil action against the Auditor General to prohibit the auditing of any public funds used to implement 33 executive orders by President Marcos creating new municipalities. Pelaez argued the executive orders were null and void as Section 68 of the Revised Administrative Code, the authority cited, had been repealed. The Auditor General disagreed and said the action was premature since not all relevant parties, such as officials of the new municipalities, had been included.

Uploaded by

Nicole Stephanie Wee
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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22_Pelaez v Auditor General

Petitioner: EMMANUEL PELAEZ,

Respondent: THE AUDITOR GENERAL

Summary:

Doctrine:

Facts:

 During the period from September 4 to October 29, 1964 the President of the Philippines
(Marcos), purporting to act pursuant to Section 68 of the Revised Administrative Code,
issued Executive Orders Nos. 93 to 121, 124 and 126 to 129; creating thirty-three (33)
municipalities enumerated
 petitioner Emmanuel Pelaez, as Vice President of the Philippines and as taxpayer, instituted
the present special civil action, for a writ of prohibition with preliminary injunction, against the
Auditor General, to restrain him, as well as his representatives and agents, from passing in
audit any expenditure of public funds in implementation of said executive orders and/or any
disbursement by said municipalities.
 Petitioner alleges that said executive orders are null and void, upon the ground that said
Section 68 has been impliedly repealed by Republic Act No. 2370 and constitutes an undue
delegation of legislative power.
 Respondent maintains the contrary view and avers that the present action is premature and
that not all proper parties — referring to the officials of the new political subdivisions in
question — have been impleaded.

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