Case Summary (G.R. No. 158793)
Key Dates and Applicable Law
Relevant statutory basis: Republic Act No. 2000 (Limited Access Highway Act, approved 22 June 1957). Administrative instruments at issue: Administrative Order No. 1 (AO 1, 19 February 1968); DPWH Department Order No. 74 (DO 74, 5 April 1993); DPWH Department Order No. 215 (DO 215, 25 June 1998); DPWH Department Order No. 123 (DO 123, 18 July 2001); and the TRB’s Revised Rules and Regulations on Limited Access Facilities. Constitutional framework for review: 1987 Philippine Constitution (applicable because decision date is 8 June 2006). Relevant executive reorganizations cited: EO 546 (23 July 1979), PD 458 (16 May 1974), EO 710 (27 July 1981), and EO 125/125-A (post-1987 reorganizations affecting DOTC); TRB administrative attachments and transfers are noted (RA 6957, EO 67, EO 133).
Antecedent Facts
Petitioners filed a petition for declaratory relief with application for injunctive relief challenging the validity of AO 1, DO 74, DO 215, and the TRB rules as inconsistent with RA 2000 and challenging DO 123 and AO 1 as unconstitutional. The trial court granted a preliminary injunction (28 June 2001) and issued a writ conditioned on a cash bond. DO 123 (allowing motorcycles of at least 400 cc) was issued by the DPWH on 18 July 2001. After submission of memoranda, the RTC dismissed the petition but declared DO 123 invalid on equal protection grounds (10 March 2003); petitioners’ motion for reconsideration was denied (16 June 2003). Petitioners sought relief in the Supreme Court by Rule 45 petition for certiorari.
RTC Disposition and Reasoning
The RTC dismissed the substantive challenge to AO 1, DO 74, DO 215, and the TRB rules, concluding the presumed validity of those issuances had not been overcome; but it declared DO 123 invalid under the equal protection clause for creating an arbitrary distinction among motorcycles by permitting only those of at least 400 cc to use tollways.
Issues Brought to the Supreme Court
- Whether the RTC’s prior order granting preliminary injunction constituted res judicata preventing later dismissal. 2. Whether DO 74, DO 215, and the TRB regulations contravene RA 2000. 3. Whether AO 1 and DO 123 are unconstitutional (including equal protection and right-to-travel arguments).
Res Judicata: Supreme Court Ruling
The Court held that the RTC’s preliminary injunction order was not res judicata. A preliminary injunction is a provisional remedy to preserve the status quo and is not a final adjudication on the merits. Under Rule 58, Section 9 of the Rules of Civil Procedure, a final injunction is required to confirm a preliminary injunction at trial; the mere grant of a preliminary injunction does not bar later adjudication of the merits. Thus the RTC’s later dismissal could stand for consideration on substantive grounds.
Authority to Regulate Limited Access Facilities: Legal and Historical Background
The Court traced the administrative evolution of the agencies charged with public works, highways, transportation, and communications: the Department of Public Works and Communications (DPWC) -> reorganizations creating Department/Ministry of Public Works, Public Highways, Transportation and Communications -> separation by PD 458 and subsequent EOs (EO 546, EO 710) -> reorganizations under the 1987 Administrative Code and EO 125/125-A. The Limited Access Highway Act (RA 2000) originally authorized the Department of Public Works and Communications to plan, designate, establish, regulate, vacate, alter, improve, maintain and provide limited access facilities and, under Section 4, to design and regulate access to those facilities.
Supreme Court’s Conclusion on DO 74, DO 215, and TRB Regulations
The Court concluded that DO 74 and DO 215 are void and that the TRB regulations implementing them are likewise void because the DPWH lacked authority to promulgate them at the time they were issued. The pivotal reasoning is that the authority to administer and enforce laws, rules, and regulations in the field of transportation and communications was, by executive reorganization and the Administrative Code, vested in the Department of Transportation and Communications (DOTC). EO 546 separated the public works functions from transportation/communications and allocated regulatory functions over transportation to the DOTC; EO 125 and EO 125-A (and the Administrative Code provisions) reinforced DOTC’s authority to administer and enforce transportation-related laws. Because the DPWH could not delegate powers it did not possess, the DPWH’s declarations of particular expressways as limited access facilities (DO 74, DO 215) and the TRB rules (purportedly issued under DPWH authority) were held void for want of delegated authority. The Court emphasized that the TRB cannot derive regulatory power over limited access facilities from the DPWH if the DPWH itself lacked that regulatory authority.
AO 1 and DO 123: Authority and Constitutionality Analysis
- DO 123: The Court did not reach the constitutional question on the 400 cc classification because DO 123 was declared void on the threshold basis that the DPWH lacked authority to promulgate it; hence constitutional review of its equal protection rationale was unnecessary.
- AO 1 (1968): The Court upheld AO 1 as valid. The AO was promulgated in 1968 when the Secretary of the then-Department of Public Works and Communications acted under authority granted by RA 2000. Administrative issuances carry the force and effect of law and enjoy a presumption of constitutionality; challengers bear a heavy burden to prove unconstitutionality, especially where the exercise of police power is concerned. The Court applied deferential standards to police power measures: validity is judged by reasonableness, not by whether the measure is the “best” possible means or scientifically conclusive. AO 1’s prohibition of motorcycles (and certain other vehicles) on limited access highways was viewed as a reasonable exercise of police power aimed at ensuring safety and efficient traffic flow on facilities designed for through traffic. The Court found real and substantial differences between motorcycles and four-wheeled vehicles (stability, detectability, design of tollways) sufficient to support the classification and not to render AO 1 an invidious or arbitrary regulation. The prohibition was not held to unconstitutionally infringe the right to travel because the right to travel does not include entitlement to use every mode of transportation on every type of highway; the regulation affects the manner of travel, not the right to move from one place to another. The Court also rejected the petitioners’ claim that the government must produce scientific data to justify the prohibition, reiterating that reasonableness suffices and that the absence of conclusive studies does not automatically render police power measures invalid.
Equal Protection, Right to Travel, and Police Power Principles Employed
The Court applied standard equal pro
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Procedural Posture and Relief Sought
- Petition for review on certiorari under Rule 45 seeking reversal of the Regional Trial Court (RTC), Branch 147, Makati City, Decision dated 10 March 2003 in Civil Case No. 01-034 and denial of Motion for Reconsideration dated 16 June 2003.
- Petitioners sought declaration of nullity of DPWH Administrative Order No. 1 (AO 1, 1968), DPWH Department Order No. 74 (DO 74, 1993), DPWH Department Order No. 215 (DO 215, 1998), and Article II, Section 3(a) of the Revised Rules on Limited Access Facilities promulgated by the DPWH through the Toll Regulatory Board (TRB), for being inconsistent with Republic Act No. 2000 (the Limited Access Highway Act).
- Petitioners also sought to declare DO 123 (2001) and Administrative Order No. 1 (AO 1, 1968) unconstitutional, and prayed for a temporary restraining order and/or preliminary injunction to prevent enforcement of motorcycle bans under DO 215.
Antecedent Facts (Undisputed)
- On January 10, 2001 petitioners filed a Petition for Declaratory Judgment with Application for Temporary Restraining Order and Injunction, docketed Civil Case No. 01-034, seeking nullification of administrative issuances as inconsistent with RA 2000.
- Petitioners filed an Amended Petition on February 8, 2001, augmenting prayers for nullity and injunctive relief, specifically challenging motorcycle bans on North and South Luzon Expressways and Manila-Cavite (Coastal Road) Toll Expressway under DO 215.
- On June 28, 2001 the trial court issued an Order granting petitioners’ application for a writ of preliminary injunction; on July 16, 2001 a writ of preliminary injunction was issued conditioned upon a P100,000.00 cash bond, which petitioners posted.
- On July 18, 2001 DPWH, through the TRB, issued DO 123 permitting motorcycles with engine displacement of 400 cc or greater to enter limited access facilities.
- Upon assumption of a new presiding judge, memoranda and a supplemental memorandum were filed by the parties; the case was submitted for decision.
- On March 10, 2003 the RTC issued the challenged Decision dismissing the petition but declaring DO 123 invalid; petitioners’ motion for reconsideration was denied on June 16, 2003; petitioners then brought the matter to the Supreme Court.
Dispositive Portion of the RTC Decision (as recited)
- The RTC denied/dismissed the petition insofar as petitioners sought to declare null and void AO 1 (1968), DO 74 (1993), and Art. II, Sec. 3(a) of the Revised Rules on Limited Access Facilities (presumed validity not overcome), but granted the petition insofar as DO 123 was concerned, declaring DO 123 invalid for violating the equal protection clause.
Issues Presented to the Supreme Court
- Whether the RTC’s Decision is barred by res judicata given the prior Order granting preliminary injunction.
- Whether DO 74, DO 215 and the TRB Regulations contravene RA 2000 (Limited Access Highway Act).
- Whether AO 1 and DO 123 are unconstitutional (including equal protection and right to travel challenges).
Supreme Court Disposition (Majority)
- The petition was held partly meritorious.
- The Supreme Court modified the RTC Decision dated 10 March 2003 and Order dated 16 June 2003.
- The Court declared void DPWH Department Orders Nos. 74 and 215, DO 123 of the DPWH, and the Revised Rules and Regulations on Limited Access Facilities of the TRB.
- The Court declared valid Administrative Order No. 1 (AO 1, 1968) of the Department of Public Works and Communications.
- The Court expressly found that the DPWH lacked authority to promulgate DO 74, DO 215 and DO 123 and that the TRB could not validly derive regulatory power over limited access facilities from the DPWH in light of the historical and administrative evolution of executive agencies.
Res Judicata and Nature of Preliminary Injunction
- Petitioners argued the RTC’s June 28, 2001 Order granting the preliminary injunction became a final judgment because respondents did not appeal.
- The Court rejected that argument: a preliminary injunction is provisional and ancillary, intended to preserve the status quo until the merits are heard; it is not a final adjudication on the merits and does not trigger res judicata.
- The Court cited Rule 58, Section 9 of the 1997 Rules of Civil Procedure requiring issuance of a final injunction to confirm a preliminary injunction if the court later determines a permanent injunction is warranted.
- Authorities cited by the Court established that a preliminary injunction is merely an adjunct to the main proceeding.
Statutory Provision at Issue (Section 4 and Section 3 of RA 2000)
- Section 4 of RA 2000 (Limited Access Highway Act) authorizes the Department of Public Works and Communications to design any limited access facility and to regulate, restrict, or prohibit access as to best serve the traffic intended, and authorizes division/separation of roadways by physical means and designation of access points.
- Section 3 of RA 2000 authorizes the Department of Public Works and Communications to plan, designate, establish, regulate, vacate, alter, improve, maintain, and provide limited access facilities for public use wherever traffic conditions justify such facilities.
Administrative Issuances and Declarations Challenged (Textual Summaries from Source)
- AO 1 (19 February 1968) – Revised Rules and Regulations Governing Limited Access Highways; Section 3(h) contained a prohibition making it unlawful on limited access highways to drive bicycles, tricycles, pedicabs, motorcycles or any non-motorized vehicle.
- DO 74 (5 April 1993) – Declared the North Luzon Expressway (Balintawak to Tabang) and South Luzon Expressway (Nichols to Alabang) as limited access facilities; authorized TRB to impose rules and instructed NCR to close illegal openings and organize enforcement/security groups; effective immediately.
- DO 215 (25 June 1998) – Declared sections of the Manila-Cavite (R-1 Expressway, C-5 Link Expressway, R-1 Extension) as limited access facilities subject to DPWH/TRB rules and instructed closure of illegal openings and enforcement coordination; effective immediately.
- DO 123 (18 July 2001) – Revised Rules and Regulations Governing Limited Access Highways; purported to amend AO 1 by deleting the word “motorcycles” from Section 3(h) and to allow motorcycles with engine displacement of at least 400 cc to operate inside toll roads, subject to conditions.