Case Digest (G.R. No. L-49112)
Facts:
Leovillo C. Agustin v. Hon. Romeo F. Edu, G.R. No. L-49112, February 02, 1979, the Supreme Court Second Division, Fernando, J., writing for the Court. The petition assails the validity of Letter of Instruction No. 229 (1974), as amended by Letter of Instruction No. 479 (1976) and later affected by Letter of Instruction No. 716 (1978), together with implementing issuances of the Land Transportation Commission (LTC) — Administrative Order No. 1 (Dec. 10, 1976) and Memorandum Circular No. 32 (Aug. 29, 1978) — which required that motor vehicles (except motorcycles and trailers) be equipped with reflectorized triangular early warning devices (EWDs).Petitioner Leovillo C. Agustin (owner of a Volkswagen Beetle he alleged already had blinking lights that could serve as an EWD) filed an original petition for prohibition with a prayer for preliminary prohibitory and/or mandatory injunction, claiming the LOIs and LTC issuances violated due process, equal protection and the non-delegation principle; he characterized them as arbitrary, oppressive and confiscatory and asked that respondents be restrained from enforcing the requirement. The Court issued a temporary restraining order on October 19, 1978 and required respondents to answer.
Respondents — Romeo F. Edu (Land Transportation Commissioner), Juan Ponce Enrile (Minister of National Defense), Alfredo L. Juinio (Minister of Public Works, Transportation and Communications) and Baltazar Aquino (Minister of Public Highways) — filed an Answer (submitted by Solicitor General Estelito P. Mendoza, assisted by counsel) on November 15, 1978. They admitted factual allegations but denied the constitutional attacks, defended the LOIs as valid exercises of the police power, and contended the implementing rules did not constitute an unlawful delegation of legislative power. The Answer cited prior Supreme Court authorities — Calalang v. Williams, Morfe v. Mutuc, and Edu v. Ericta — and invoked the Philippines’ ratification (by P.D. No. 207) of the 1968 Vienna Convention on Road Signs and Signals as supporting the EWD requirement.
Background administrative chronology: LOI No. 229 (Dec. 2, 1974) mandated triangular reflectorized plates of specified dimensions and directed the Land Transportation Commissioner to prepare and issue devices; LOI No. 479 (Nov. 15, 1976) amended paragraph 3 to require owners to procure and present a device at registration; LTC promulgated implementing rules on Dec. 10, 1976; President Marcos suspended enforcement of the pre-registration requirement for six months on Jan. 25, 1977; LOI No. 716 (June 30, 1978) ordered lifting of that suspension and immediate implementation; LTC Memo Circular No. 32 (Aug. 29, 1978) directed implementation subject to specif...(Subscriber-Only)
Issues:
- Does petitioner have standing to maintain the prohibition proceeding?
- Whether Letter of Instruction No. 229, as amended, and the LTC implementing orders violate the constitutional guarantee of due process (and relatedly equal protection)?
- Whether the implementing rules and regulations issued by the Land Transportation Commissioner constitute an unlawful d...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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