Case Digest (A.C. No. 6683)
Facts:
In Romeo F. Edu, in his capacity as Land Transportation Commissioner, v. Hon. Vicente G. Ericta, Judge of the Court of First Instance of Rizal, Quezon City Branch XVIII, and Teddy C. Galo, petitioner Edu sought certiorari and prohibition to annul a preliminary injunction issued by Judge Ericta against Administrative Order No. 2, which implemented Republic Act No. 5715 (the Reflector Law). On May 20, 1970, respondent Galo filed before the Court of First Instance a suit for certiorari and prohibition with preliminary injunction assailing the statute as an invalid exercise of the police power and violative of the due process clause. On May 27, a hearing was held without evidence, and on May 28 Judge Ericta ordered the issuance of the writ. A bond having been posted, the clerk issued the writ on June 1. Petitioner filed his answer on June 4 and moved for reconsideration, which the judge denied on June 9. Petitioner then filed this petition in the Supreme Court on June 18, 1970; JudgCase Digest (A.C. No. 6683)
Facts:
- Parties and Subject Matter
- Romeo F. Edu (Petitioner) – Land Transportation Commissioner seeking to annul a lower-court injunction.
- Hon. Vicente G. Ericta (Respondent Judge) – Judge of the Court of First Instance of Rizal, Branch XVIII, who issued the injunction.
- Teddy C. Galo (Respondent Motorist) – Filed a suit for certiorari and prohibition to annul Republic Act No. 5715 (Reflector Law) and Administrative Order No. 2.
- Lower-Court Proceedings
- May 20, 1970 – Galo filed a petition for certiorari and prohibition with preliminary injunction in CFI Rizal, assailing RA 5715 (amending RA 4136) and the implementing Administrative Order No. 2 as violative of due process and nondelegation.
- May 27–28, 1970 – Hearing on the injunctive relief; no evidence was presented. On May 28, the trial judge granted a preliminary injunction restraining enforcement of the Administrative Order.
- June 1–9, 1970 – The clerk issued the writ upon bond on June 1. Petitioner’s motion for reconsideration was denied on June 9.
- June 18, 1970 – Edu filed a petition for certiorari and prohibition before the Supreme Court to annul the lower-court orders and to compel dismissal of Galo’s suit.
- June 22–July 6, 1970 – Respondent Judge and Galo filed answers; Solicitor General and parties argued before the Supreme Court on July 2; case deemed ripe for decision.
Issues:
- Whether Republic Act No. 5715 (Reflector Law) is constitutional under the police-power and due-process clauses.
- Whether Administrative Order No. 2, issued under RA 4136, constitutes an undue delegation of legislative power.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)