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Agustin Vs Edu PDF Free
Agustin Vs Edu PDF Free
b) The 1968 Vienna Convention on Road Signs and Safety and the United Nations Organization
recommended the enactment of legislation for the installation of road safety signs and devices. The
Philippines ratified said convention through PD No. 207.
It was amended by Letter of Instruction No. 479 which allows owners of motor vehicles to procure
from any source as long as it fits the specifications provided by the Land Transportation Commission.
Respondent Edu, Land Transportation Commissioner, issued Memorandum Circular No. 2 which
provides for the implementation of LOI 229 as amended,
Petitioner, an owner of a Volkswagen Beetle Car Model 13035, already equipped when it came out
from the assembly lines with blinking lights which could well serve as early warning device, assailed
LOI 229 and Memorandum Circular No. 2 and filed a petition for prohibtion with pwrit of prohibitory
and/or mandatory injunction on the following grounds:
a) LOI 229 violates provision and delegation of police power because it is oppressive, unreasonable,
arbitrary, confiscatory and therefore unconstitutional.
b) It will make manufacturers and dealers of early warning device (EWD) instant millionaires. Owners
of motor vehicles can provide practical substitutes to the required EWD.
Issue: WON LOI 229 and Memorandum Circular No. 2 exceed the proper exercise of state’s police
power
Held: No. Police power is the state’s authority to enact legislation that may interfere with the personal
liberty and property in order to promote general welfare (Calalang v. Williams). It is the power to
prescribe regulations to promote the health, morals, peace, education, good order or safety and general
welfare of the public (Primicias v. Furgoso).
The particular police power that was being challenged was clearly intended to promote public
safety. The president presented the necessary statistics to back his claim of the need to issue LOI 229.
It is also not true that LOI 229 as amended forces owners of motor vehicles to purchase EWD. In
fact, with a little of industry and practical ingenuity, motor vehicle owners can even personally make or
produce this EWD as long as the same substantially conforms with the specifications laid down in LOI
229.
*Finally, The declaration of Principles in the Constitution provides: “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 character. Since we ratified it, we have
to abide by its provisions.