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Calalang vs.

Williams Case Digest


Calalang vs. Williams [GR 47800, 2 December 1940] Facts The National Traffic Commission, in its resolution of 17 July 1940, resolved to recommend to the Director of Public or!s and to the "ecretary of Public or!s and Communications that animal#dra$n vehicles be %rohibited from %assin& alon& 'osario "treet e(tendin& from Pla)a Calderon de la *arca to Dasmari+as "treet, from 7,-0 a.m. to 1/,-0 %.m. and from 1,-0 %.m. to 0,-0 %.m.1 and alon& 'i)al 2venue e(tendin& from the railroad crossin& at 2nti%olo "treet to 3cha&ue "treet, from 7 a.m. to 11 %.m., from a %eriod of one year from the date of the o%enin& of the Col&ante *rid&e to traffic. The Chairman of the National Traffic Commission, on 14 July 1940, recommended to the Director of Public or!s the ado%tion of the measure %ro%osed in the resolution, in %ursuance of the %rovisions of Common$ealth 2ct 044, $hich authori)es said Director of Public or!s, $ith the a%%roval of the "ecretary of Public or!s and Communications, to %romul&ate rules and re&ulations to re&ulate and control the use of and traffic on national roads. 5n / 2u&ust 1940, the Director of Public or!s, in his first indorsement to the "ecretary of Public or!s and Communications, recommended to the latter the a%%roval of the recommendation made by the Chairman of the National Traffic Commission, $ith the modification that the closin& of 'i)al 2venue to traffic to animal#dra$n vehicles be limited to the %ortion thereof e(tendin& from the railroad crossin& at 2nti%olo "treet to 2)carra&a "treet. 5n 10 2u&ust 1940, the "ecretary of Public or!s and Communications, in his second indorsement addressed to the Director of Public or!s, a%%roved the recommendation of the latter that 'osario "treet and 'i)al 2venue be closed to traffic of animal#dra$n vehicles, bet$een the %oints and durin& the hours as indicated, for a %eriod of 1 year from the date of the o%enin& of the Col&ante *rid&e to traffic. The 6ayor of 6anila and the 2ctin& Chief of Police of 6anila have enforced and caused to be enforced the rules and re&ulations thus ado%ted. 6a(imo Calalan&, in his ca%acity as a %rivate citi)en and as a ta(%ayer of 6anila, brou&ht before the "u%reme court the %etition for a $rit of %rohibition a&ainst 2. D. illiams, as Chairman of the National Traffic Commission1 7icente 8ra&ante, as Director of Public or!s1 "er&io *ayan, as 2ctin& "ecretary of Public or!s and Communications1 3ulo&io 'odri&ue), as 6ayor of the City of 6anila1 and Juan Domin&ue), as 2ctin& Chief of Police of 6anila !ss"es hether or not there is a undue dele&ation of le&islative %o$er9

R"ling There is no undue delea&ation of le&islative %o$er. Common$ealth 2ct 044 does not confer le&islative %o$ers to the Director of Public or!s. The authority conferred u%on them and under $hich they %romul&ated the rules and re&ulations no$ com%lained of is not to determine $hat %ublic %olicy demands

but merely to carry out the le&islative %olicy laid do$n by the National 2ssembly in said 2ct, to $it, :to %romote safe transit u%on and avoid obstructions on, roads and streets desi&nated as national roads by acts of the National 2ssembly or by e(ecutive orders of the President of the Phili%%ines; and to close them tem%orarily to any or all classes of traffic :$henever the condition of the road or the traffic ma!es such action necessary or advisable in the %ublic convenience and interest.; The dele&ated %o$er, if at all, therefore, is not the determination of $hat the la$ shall be, but merely the ascertainment of the facts and circumstances u%on $hich the a%%lication of said la$ is to be %redicated. To %romul&ate rules and re&ulations on the use of national roads and to determine $hen and ho$ lon& a national road should be closed to traffic, in vie$ of the condition of the road or the traffic thereon and the re<uirements of %ublic convenience and interest, is an administrative function $hich cannot be directly dischar&ed by the National 2ssembly. =t must de%end on the discretion of some other &overnment official to $hom is confided the duty of determinin& $hether the %ro%er occasion e(ists for e(ecutin& the la$. *ut it cannot be said that the e(ercise of such discretion is the ma!in& of the la$.