Agustin vs Edu 88 SCRA 195 Facts This case is a petition assailing the validity or the constitutionality of a Letter of Instruction

No. 229, issued by President Ferdinand E. Marcos, requiring all vehicle owners, users or drivers to procure early warning devices to be installed a distance away from such vehicle when it stalls or is disabled. In compliance with such letter of instruction, the Commissioner of the Land Transportation Office issued Administrative Order No. 1 directing the compliance thereof. This petition alleges that such letter of instruction and subsequent administrative order are unlawful and unconstitutional as it violates the provisions on due process, equal protection of the law and undue delegation of police power. Issue Whether or not the Letter of Instruction No. 229 and the subsequent Administrative Order issued is unconstitutional Ruling The Supreme Court ruled for the dismissal of the petition. The statutes in question are deemed not unconstitutional. These were definitely in the exercise of police power as such was established to promote public welfare and public safety. In fact, the letter of instruction is based on the constitutional provision of adopting to the generally accepted principles of international law as part of the law of the land. The letter of instruction mentions, as its premise and basis, the resolutions of the 1968 Vienna Convention on Road Signs and Signals and the discussions on traffic safety by the United Nations - that such letter was issued in consideration of a growing number of road accidents due to stalled or parked vehicles on the streets and highways. Digest #2
AGUSTIN vs EDU 88 SCRA 195 FACTS: This was an original action in the Supreme Court for prohibition.Petitioner was an owner of a volkswagen beetle car,model 13035 already properly equipped when it came out from the assembly lines with blinking lights which could serve as an early warning device in case of the emergencies mentioned in Letter of Instructions No 229, as amended, as well as the Implementing rules and regulations in Administrative Order No 1 issued by Land transportation Commission.Respondent Land Transportation commissioner Romeo Edu issued memorandum circular no 32 pursuant to Letter of Instructions No.229,as amended. It required the use of early Warning Devices (EWD) on motor vehicles. Petitioner alleged that the letter of instructions, as well as the implementing rules and regulations were unlawful and unconstitutional. ISSUE: Whether the Letter of Instruction were considered valid and constitutional?

HELD: YES, The court held that the letter of Instruction No.229,as amended as well as the implementing rules and regulations were valid and constitutional as a valid measure of police power. The Vienna Convention on Road signs and signals and the United Nations Organization was ratified by the Philippine local legislation for the installation of road safety signs and devices.It cannot be disputed then that this Declaration of Principle found in the Constitution possesses relevance,between the International law and municipal law in applying the rule municipal law prevails. Petition is DISMISSED.

VPA Notes:

Bernas Page 60.