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It is an important duty of the Local Government Unit to ensure the comfort and safety of the

public and restrain any act or practice that endangers its inhabitant. That is why; we are in the
affirmative that the enactment of the Executive order no. 34 is constitutional and a valid
exercise of police power, in which it allows the city traffic group to impound for not more than
30 days, the motor vehicle that will be caught counter-flowing.

Aside from being an essential attribute, Police power is the exercise of the sovereign right of a
government to promote order, safety, security, health, morals and general welfare within the
constitutional limit. This power is a delegated power whether by express or by necessary
implication both on its general and specific sense.

Section 16 of the Local Government Code, in its General welfare clause specifically mention
the phrases: “maintain peace and order”, “preserve comfort and convenience of their
inhabitants”, and “improve public morals.”

It is both fair and just to strictly implement and sustain the Executive order no. 34, to regulate
traffic issues in Cebu and further exercise their power to maintain peace and order, preserve
comfort and convenience to the inhabitants of Cebu, and improve public morals. These things
are very well linked in issue against traffic and counter-flowing since such act, is one of the
biggest factors that would give higher risks on accidents, heavier traffics, heated arguments
along the way, etc.

Our Philippine laws do not prohibit deprivation of vehicles or also known as impounding, as a
way of penalty. Thus, when it is not forbidden, it is therefore, allowed. As a basic rule of law
that what is not expressly or impliedly prohibit may be done, except when the act is contrary to
morals, customs and public order. In fact, the executive order no. 034, even concerns public
order, it is rather a way of protecting motorists, and improving travel comfort of all vehicle
drivers and passengers affected by such order.

The penalty provided in Executive order no. 34 would restrict the vehicle drivers from counter-
flowing. It would effectively reduce the possibility of creating heavier traffic on the highways,
and small roads of Cebu city. Furthermore, the mode of penalty for such violation does not
involve monetary penalties, in which, the deprivation of the vehicle itself would be the only
disciplinary action, save from hassle the owner of any impounded vehicle who will not be able
to claim it back if monetary penalties will also be given.

The regulatory sense of this executive order is to prohibit regular vehicles from counter flowing.
This order will eventually extinguish if not, lessen the number of nuisance per se among vehicle
drivers.

It is very clear that the purpose of the enactment of the executive order is to contribute to the
regulation and enhancing smooth road passage of every vehicle from their day-to-day travel in
Cebu City. Therefore, Executive order no. 034 should be sustained valid and constitutional.