maintenance of the highways is part of the necessary functions of the government of maintaining public

infrastructures.

valid exercise of police power, assailable only upon proof that such putting up unduly violated
constitutional limitations like due process and equal protection of the law

Public interest and safety require the imposition of certain restrictions on toll ways that do not apply to
ordinary roads

[P]revent threatened or continuous irremediable injury

urgent necessity for its issuance

Although "public health, safety, morals and general welfare" 78 may justify intrusion into private
commercial interests, the exercise of police power entails considerations of due process, fitness, and
propriety. Even when these considerations are invoked, they do not peremptorily and invariably set aside
private property rights. When acting in view of these considerations, state organs must still do so with
restraint and act only to the extent reasonably necessary. Whether state organs actually did so is
something that can only be adjudged when the competing claims of the State and of private entities are
conscientiously and deliberately appraised.

the interests of the public, not mere particular class, require the exercise of police power;

the means employed is reasonably necessary for the accomplishment of the purpose and not unduly
oppressive to individuals.

continued use thereof would be injurious to public welfare. In such case, there is no compensable taking
provided none of the property interests is appropriated for the use or for the benefit of the public.
Otherwise, there should be compensable taking if it would result to public use.

prejudicial to the interest

ordains that public officials and employees shall at all times respect the rights of others, and shall refrain
from doing acts contrary to public safety and public interest st

Section 45

Cancellation of Quarry Permit

A quarry permit may be cancelled by the provincial governor for violations of the provisions of this Act
or its implementing rules and regulations or the terms and conditions of said permit: Provided, That
before the cancellation of such permit, the holder thereof shall be given the opportunity to be heard
in an investigation conducted for the purpose.

Section 46

Commercial Sand and Gravel Permit

Any qualified person may be granted a permit by the provincial governor to extract and remove sand
and gravel or other loose or unconsolidated materials which are used in their natural state, without
undergoing processing from an area of not more than five hectares (5 has.) and in such quantities as
may be specified in the permit.