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Calalang vs. Williams

Calalang vs. Williams

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Published by: nea_nn0629 on Nov 10, 2009
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Calalang vs. Williams
The National Traffic Commission, in its resolution of 17 July 1940, resolved torecommend to the Director of Public Works and to the Secretary of Public Works andCommunications that animal-drawn vehicles be prohibited from passing along Rosario Streetextending from Plaza Calderon de la Barca to Dasmariñas Street, from 7:30 a.m. to 12:30 p.m.and from 1:30 p.m. to 5:30 p.m.; and along Rizal Avenue extending from the railroad crossing atAntipolo Street to Echague Street, from 7 a.m. to 11 p.m., from a period of one year from thedate of the opening of the Colgante Bridge to traffic. The Chairman of the National TrafficCommission, on 18 July 1940, recommended to the Director of Public Works the adoption of themeasure proposed in the resolution, in pursuance of the provisions of Commonwealth Act 548,which authorizes said Director of Public Works, with the approval of the Secretary of PublicWorks and Communications, to promulgate rules and regulations to regulate and control the useof and traffic on national roads. On 2 August 1940, the Director of Public Works, in his firstindorsement to the Secretary of Public Works and Communications, recommended to the latter the approval of the recommendation made by the Chairman of the National Traffic Commission,with the modification that the closing of Rizal Avenue to traffic to animal-drawn vehicles belimited to the portion thereof extending from the railroad crossing at Antipolo Street to AzcarragaStreet. On 10 August 1940, the Secretary of Public Works and Communications, in his secondindorsement addressed to the Director of Public Works, approved the recommendation of thelatter that Rosario Street and Rizal Avenue be closed to traffic of animal-drawn vehicles,between the points and during the hours as indicated, for a period of 1 year from the date of theopening of the Colgante Bridge to traffic. The Mayor of Manila and the Acting Chief of Police of Manila have enforced and caused to be enforced the rules and regulations thus adopted.Maximo Calalang, in his capacity as a private citizen and as a taxpayer of Manila, broughtbefore the Supreme court the petition for a writ of prohibition against A. D. Williams, asChairman of the National Traffic Commission; Vicente Fragante, as Director of Public Works;Sergio Bayan, as Acting Secretary of Public Works and Communications; Eulogio Rodriguez, asMayor of the City of Manila; and Juan Dominguez, as Acting Chief of Police of Manila.
Whether the rules and regulations promulgated by the Director of Public Works infringeupon the constitutional precept regarding the promotion of social justice to insure the well-beingand economic security of all the people.W/N there is an undue delegation of legislative power?
There is no undue delegation of legislative power. Commonwealth Act 548 does notconfer legislative powers to the Director of Public Works. The authority conferred upon themand under which they promulgated the rules and regulations now complained of is not todetermine what public policy demands but merely to carry out the legislative policy laid down bythe National Assembly in said Act, to wit, “to promote safe transit upon and avoid obstructionson, roads and streets designated as national roads by acts of the National Assembly or byexecutive orders of the President of the Philippines” and to close them temporarily to any or all

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