Agustin vs.

Edu

Facts: Leovillo Agustin filed a case against Hon. Romeo F. Edu in his capacity as the Land
Transportation Commissioner, Hon. Juan Ponce Enrile, in his capacity as Minister of National
Defense, Hon. Alfredo Juinio, in his capacity as Minister of Public Works, Transportation and
Communications, and Hon. Baltazar Aquino, in his capacity as Minister of Public Works and
Highways. Petitioner is assailing the constitutionality of the Letter of Instruction No. 229
issued by President Marcos on December 2, 1974. Said Letter of Instruction has three whereas
clauses:

1. WHEREAS, statistics show that one of the major causes of fatal accidents in land
transportation is the presence of disabled, stalled or parked motor vehicles along streets or
highways without any appropriate early warning device to signal approaching motorists of their
presence;
2. WHEREAS, the hazards posed by such obstructions to traffic have been recognized by
international bodies concerned with traffic safety, the 1968 United Nations Organization;
3. WHEREAS, the said Vienna Convention was ratified by Philippine Government under PD
207, recommended the enactment of local legislation for installation of road safety signs and
devices.

Petitioner is an owner of a Volkswagen Beetle Car, already equipped when it came out from
assembly lines with blinking lights, which could serve as warning device. For petitioner, LOI
was infected with arbitrariness, harsh and cruel to the motoring public, and will only make
manufacturer of warning device rich.

Issue: Whether or not the Letter of Instruction on the installation of early warning device on
vehicles should be declared void and unconstitutional.

Held: No. The Letter of Instruction was issued in the exercise of police power. Police power is
the power to prescribe regulations to promote the health, morals, peace, education, good order or
safety and general welfare of the people.

Also, being universal among the signatory countries of the 1968 Vienna Conventions, and visible
even under adverse conditions at a distance or at least 400 meters, any motorist from this country
or any part of the world, who sees a reflectorized rectangular warning device that there is a motor
vehicle stalled that endangers traffic. It cannot also be disputed that the Declaration of
Principle found in our Constitution possesses relevance: “The Philippines adopts the
generally accepted principles of international law as part of the law of the land.” The 1968
Vienna Convention on Road Signs and Signals is impressed with such a character.