Facts : This is a petition questioning the validity of a Letter of Instruction providing for an early warning device mandatory for motor vehicles. It is assailed in this prohibition proceeding as being violative to the constitutional guarantee of due process in as far as the rules and regulations for its implementation are concerned.
The assailed Letter of Instruction No. 229 of President Ferdinand Marcos aimed to prevent road accidents and in the interest of safety on all streets, highways including expressways. All motorist and motor vehicle owners shall have at all times one pair of early warning device. These hazards posed by such obstructions to traffic have been recognized by international bodies concerned with traffic safety, the 1968 Vienna Convention on Roads and Signs and the United Nations Organization (UN). Philippine Government under P.D. No. 207 ratified the said Vienna convention requiring the installation of road signs and devices.
Herein respondent Edu in his capacity as Land Transportation Commisioner set forth the implementing rules and regulations of the said instruction.
Issue : Whether or not the assailed Letter of Instruction is invalid and violated constitutional guarantees of due process.
Held : The assailed Letter of Instruction was a valid exercise of police power and there was no unlawful delegation of legislative power on the part of the respondent. As identified, police power is a state authority to enact legislation that may interfere personal liberty or property in order to promote the general welfare. In this case, the particular exercise of police power was clearly intended to promote public safety.
It cannot be disputed that the Declaration of Principle found in the Constitution possesses relevance: The Philippines ------ adopts the generally accepted principles of international law as part of the law of the nation.” Thus, as impressed in the 1968 Vienna Convention it is not for this country to repudiate a commitment to which it had pledged its word. Our country’s word was resembled in our own act of legislative ratification of the said Hague and Vienna Conventions thru P.D. No. 207 . The concept of Pacta sunt servanda stands in the way of such an attitude which is, moreoever, at war with the principle of international morality.
In Santiago vs Far Eatern Broadcasting Company , it was held that the constitutionality of the law will not be considered unless the point is specially pleaded, insisted upon and adequately argued. Equal protection is not a talismanic formula at the mere invocation of which a party to a lawsuit can rightfully expect success will crown his efforts. The law is anything but that.
Petition is DISMISSED and the restraining order is lifted.
The assailed Letter of Instruction No. 229 of President Ferdinand Marcos aimed to prevent road accidents and in the interest of safety on all streets, highways including expressways. All motorist and motor vehicle owners shall have at all times one pair of early warning device. These hazards posed by such obstructions to traffic have been recognized by international bodies concerned with traffic safety, the 1968 Vienna Convention on Roads and Signs and the United Nations Organization (UN). Philippine Government under P.D. No. 207 ratified the said Vienna convention requiring the installation of road signs and devices.
Herein respondent Edu in his capacity as Land Transportation Commisioner set forth the implementing rules and regulations of the said instruction.
Issue : Whether or not the assailed Letter of Instruction is invalid and violated constitutional guarantees of due process.
Held : The assailed Letter of Instruction was a valid exercise of police power and there was no unlawful delegation of legislative power on the part of the respondent. As identified, police power is a state authority to enact legislation that may interfere personal liberty or property in order to promote the general welfare. In this case, the particular exercise of police power was clearly intended to promote public safety.
It cannot be disputed that the Declaration of Principle found in the Constitution possesses relevance: The Philippines ------ adopts the generally accepted principles of international law as part of the law of the nation.” Thus, as impressed in the 1968 Vienna Convention it is not for this country to repudiate a commitment to which it had pledged its word. Our country’s word was resembled in our own act of legislative ratification of the said Hague and Vienna Conventions thru P.D. No. 207 . The concept of Pacta sunt servanda stands in the way of such an attitude which is, moreoever, at war with the principle of international morality.
In Santiago vs Far Eatern Broadcasting Company , it was held that the constitutionality of the law will not be considered unless the point is specially pleaded, insisted upon and adequately argued. Equal protection is not a talismanic formula at the mere invocation of which a party to a lawsuit can rightfully expect success will crown his efforts. The law is anything but that.
Petition is DISMISSED and the restraining order is lifted.
1 comment:
thanks for the digest.
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