8/10/2019 Agustin vs Edu.pdf
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(Police power)
G.R. No. L-49112 February 2, 1979
LEOVILLO C. AGUSTIN, petitioner,vs.
HON. ROMEO F. EDU, in his capacity as Land Transportation
Commissioner; HON. JUAN PONCE
ENRILE, in his capacity as Minister of National Defense; HON.
ALFREDO L. JUINIO, in his capacity as
Minister Of Public Works, Transportation and Communications; and
HON: BALTAZAR AQUINO, in
his capacity as Minister of Public Highways, respondents.
FACTS
Petitioner Agustin, an owner of a Volkswagen beetle car, alleged
that letter of instruction no.
229violates the provisions and delegations of police power.
Under the 1968 vienna convention
which was ratified by P.D. No. 207, it recommended the enactment
of local legislation for the
installation of road safety signs and devices which directs all
vehicle owners except motorcycles and
trailers to have at least one pair of reflectorized early
warning device in their vehicles for use
whenever a vehicle is stationary and to be installed at least
four meters away the front and rear of
the motor vehicle staged, disabled and parked. The petitioner
contended that the letter of
instructions no. 229 is oppressive, unreasonable, arbitrary,
confiscatory, nay unconstitutional and
contrary to the precepts of the society.
Petitioner reinstated that the Volkswagen beetle car is already
properly equipped with blinking lights
fore and aft, which could serve as an early warning device.
Petitioner therefore prayed for a
judgment both the assailed letters of instructions and
memorandum circular void and
unconstitutionaland for a restraining order in the
meanwhile.
ISSUE
Whether or not letter of instruction no. 229 violates the
provisions and delegation of police power
HELD
Police power is a state authority to enact legislations that may
interfere with personal liberty
or property in order to promote the general welfare.
The said letter of instruction no. 229 was clearly intended to
promote public safety through safe
transit and to avoid obstruction on roads and streets designated
as national roads . The hazards
posed by such obstructions to traffic have been recognized by
international bodies concerned with
traffic safety, the 1968 vienna convention which was ratified by
the Philippine government under
P.D. No. 207, recommended the enactment of local legislation for
the installation of road safety
signs and devices. Such early warning device requirement is not
an expensive redundancy, nor
oppressive, for car owners whose cars are already equipped with
blinking lights in the fore and aft of
said motor vehicles, built-in reflectorized tapes on front and
rear bumpers of motor vehicles, which
