- Romeo Edu - Land Transportation Commissioner HON.VICENTE G. ERICTA CFI Rizal judge Teddy C. Galo Ponente: Fernando, J Action: Certiorari and prohibition of a CFI decision FACTS Petitioner Edu asks the court to rule on the constitutionality of the Reflector Law, as well as set aside the respondent CFI judges 2 preliminary injunctions against the Administrative Order that Edu issued in relation to the Reflector Law. A petition for certiorari and prohibition was brought to the CFI be herein respondent Teddy Galo in May 1970, who is assailing the validity of the law and the AO on the basis of a violation of due process and nondelegation, and that it is an invalid exercise of police power. He also posited that AO 2 was an undue exercise of legislative power. "(g) Lights and reflector when parked or disabled.Appropriate parking lights or flares visible one hundred meters away shall be displayed at a corner of the vehicle whenever such vehicle is parked on highways or in places that are not well-lighted or is placed in such manner as to endanger passing traffic. Furthermore, every motor vehicle shall be provided at all times with built-in reflectors or other similar warning devices either pasted, painted or attached at its front and back which shall likewise be visible at night at least one hundred meters away. No vehicle not provided with any of the requirements mentioned in this subsection shall be registered. ISSUES 1. Whether it would be proper for this Court to resolve the issue of the constitutionality of the Reflector Law yes 2. Whether the Reflector Law and its implementing AO are constitutional - yes HELD 1. Since the special civil action for certiorari and prohibition filed by him before respondent Judge would seek a declaration of nullity of such enactment by the attribution of the violation on the face thereof of the due process guarantee in the deprivation of property rights, it would follow that there is sufficient basis for us to determine which view should prevail.
- the question of validity is ripe for
determination, There is a great public interest, as was mentioned, to be served by the final disposition of such crucial issue 2. It is thus obvious that the challenged statute is a legislation enacted under the police power to promote public safety. Calalang v. Williams - identified police power with state authority to enact legislation that may interfere with personal liberty or property in order to promote the general welfare. Persons and property could thus be subjected to all kinds of restraints and burdens in order to secure the general comfort, health and prosperity of the state. Primicias v. Fugoso - the power to prescribe regulations to promote the health, morals, peace, education, good order or safety, and general welfare of the people. Justice Malcolm - that inherent and plenary power in the State which enables it to prohibit all things hurtful to the comfort, safety and welfare of society - the most essential, insistent, and at least illimitable of powers; extends to all the great public needs - ever-expanding to meet the exigencies of the times, even to anticipate the future where it could be done, provides enough room for an efficient and flexible response to conditions and circumstances thus assuring the greatest benefits. Justice Cardozo - Needs that were narrow or parochial in the past may be interwoven in the present with the well-being of the nation. What is critical or urgent changes with the time. - a dynamic agency, suitably vague and far from precisely defined - It would be to close ones eyes to the hazards of traffic in the evening to condemn a statute of this character - The statute assailed is not infected with arbitrariness. It is not the product of whim or caprice. It is far from oppressive. It is a legitimate response to a felt public need. - Galo relies on Laissez-faire - For a long time, legislation tending to reduce economic inequality foundered on the rock that was the due process clause, enshrining as it did the liberty of contract, based on such a basic assumption.
Justice Malcolm - The doctrines of laissez-faire
and of unrestricted freedom of the individual, as axioms of economic and political theory, are of the past. The modern period has shown a widespread belief in the amplest possible demonstration of government activity. The Courts unfortunately have sometimes seemed to trail after the other two branches of the Government in this progressive march Rubi v. Provincial Board of Mindoro PEOPLE V. POMAR - a 1924 decision, which held invalid under the due process clause a provision providing for maternity leave with pay thirty days before and thirty days after confinement could be cited to show that such a principle (laissez faire) did have its day. the 1935 Constitutional Convention saw to it that the concept of laissez-faire was rejected. It entrusted to our government the responsibility of coping with social and economic problems with the commensurate power of control over economic affairs. Thereby it could live up to its commitment to promote the general welfare through state action. during the Commonwealth era, no constitutional infirmity was found to have attached to legislation covering such subjects as collective bargaining, security of tenure,23 minimum wages,24 compulsory arbitration,25 the regulation of tenancy26 as well as the issuance of securities,27 and control of public services provisions from AO 2: No motor vehicles of whatever style, kind, make, class or denomination shall be registered if not equipped with reflectors. Such reflectors shall either be factory built-inreflector, commercial glass reflectors, reflectionized tape or luminous paint. The luminosity shall have an intensity to be maintained visible and clean at all times such that if struck by a beam of light shall be visible 100 meters away at night. Glass reflectorsNot less than 3 inches in diameter or not less than 3 inches square; Reflectorized TapeAt least 3 inches wide and 12 inches long. The painted or taped area may be bigger at the discretion of the vehicle owner." there shall be installed, pasted or painted four reflectors on each side of the motor vehicle parallel to those installed, pasted or painted in front and those in the rear end of the body thereof.38 The color required of each reflectors, whether built-in, commercial glass, reflectorized tape or reflectorized paint placed in the front part of any motor vehicle shall be amber or yellow and those placed on the sides and in the rear shall all be red - refuse or suspend registration for violation Reflector law is an amendment of RA 4136
separation of powers - Congress may not
delegate its legislative power to the two other branches of the government, subject to the exception that local governments may over local affairs participate in its exercise What cannot be delegated is the authority under the Constitution to make laws and to alter and repeal them; the test is the completeness of the statute in all its term and provisions when it leaves the hands of the legislature. To determine whether or not there is an undue delegation of legislative power, the inquiry must be directed to the scope and definiteness of the measure enacted = what job must be done, who is to do it, and what is the scope of his authority To avoid the taint of unlawful delegation, there must be a standard, which implies at the very least that the legislature itself determines matters of principle and lays down fundamental policy. - standard may be express or implied In the Reflector Law, clearly the legislative objective is public safety; safe transit upon the roads Justice J.B.L. Reyes in People vs. Exconde: - It is well established in this jurisdiction that, while the making of laws is a non-delegable activity that corresponds exclusively to Congress, nevertheless the latter may constitutionally delegate authority to promulgate rules and regulations to implement a given legislation and effectuate its policies, for the reason that the legislature often finds it impracticable (if not impossible) to anticipate and provide for the multifarious and complex situations that may be met in carrying the law into effect. All that is required is that the regulation should be germane to the objects and purposes of the law; that the regulation be not in contradiction with it; but conform to the standards that the law prescribes It is one thing to delegate the power to determine what the law shall be, and another thing to delegate the authority to fix the details in the execution of enforcement of a policy set out in the law itself. the Reflector Law is construed together with the Land Transportation Code WHEREFORE, the writs of certiorari and prohibition prayed for are granted, the orders of May 28, 1970 of respondent Judge for the issuance of a writ of preliminary injunction, the writ of preliminary injunction of June 1, 1970 and his order of June 9, 1970 denying reconsideration are annulled and set aside. Respondent Judge is likewise directed to dismiss the petition for certiorari and prohibition filed by respondent Teddy C. Galo, there being no cause of action as the Reflector Law and Administrative Order No. 2
of petitioner have not been shown to be tainted
by invalidity. Without pronouncement as to costs. A N N O T A T I O N POLICE POWER, DUE PROCESS AND THE LAISSEZ-FAIRE DOCTRINE Edu v Ericta reiterates the settled rule of the preference of the principle of police power due process clause over the doctrine of Laissez faire in matters where the promotion of general welfare is concerned. Police power the power to prescribe regulations to promote the health, morals, education, good order or safety, and general welfare of the people born out of the early conflict between the Federal government and the several states of the United States in the exercise of their respective powers under the United States Constitution The term became understood to be the right of the State to provide regulations to promote the morals, safety, and convenience of the inhabitants Power of the government inherent in every sovereign body or power to govern men and things the power vested in the legislature by the constitution to make, ordain, and establish all manner of wholesome and reasonable laws, statutes and ordinances, either with penalties or without, not repugnant to the constitution as they shall judge to be for the good and welfare of the State and subject the same 2 maxims as basis Sic utere tuo, ut alienum non laedas (Use your own property in such a manner as not to injure that of another Salus populi suprema est lex (The welfare of the people is the supreme law. Laissez-faire - doctrine that government should not interfere with commerce. The principle arose during the Industrial Revolution. the American Bar Association was responsible for the writing of the doctrine in the American Constitution slaughter house cases - the word liberty, as used in the 14th Amendment intended to protect the freedom of contract of adults in the ordinary employment, especially when viewed from would be employers the State cannot be deprived of its right to exercise this power to be deprived of the right to enact laws to promote the general prosperity and welfare of its inhabitants, and to promote public health, public safety, or the public morals would be to destroy the very purpose and objects of the State U.S. vs. Ling Su Fan, 10 Phil. 104 (1910) was the first case held by the Philippine Supreme Court. It was held that the State not only has the authority
under its police power to make such rules for the
protection of its citizens but it may also regulate private business in such a way that the business of one man shall not be a nuisance Laws passed in exercise of police power may often affect commerce incidentally, but if the resultant burden is found by the court to be on the whole justified by the local interest involved, such laws shall be sustained. In other words the courts function in handling this type of case is that of an arbitral body rather than of a strictly judicial body Several provisions of the Philippine Constitution have in effect rejected the doctrine of the laissez faire See Art. II, Section 5 on the promotion of social justice; Art. XIV, Section 6 on the regulation of the relations between landowner and tenant, labor and capital in industry and agriculture; Art. VIII, Section 26 on the emergency powers of the President in times of war and national emergency; and Art. VII, Section 2 on the power of the State to operate industrial and means of transportation and communication in the interest of national welfare and defense. President Manuel L. Quezon - laissez faire in the Philippines has been dead. It has been substituted by the philosophy of government intervention whenever the needs of the country require it Laissez Faire as Bar to Regulatory Measures may not be Invoked The State may in order to promote general welfare may interfere with personal liberty, with property and with business and occupations. Persons and property may be subjected to all kinds of restraints and burdens, in order to secure the general comfort, health, and prosperity of the State police power may be put forth in aid of what is sanctioned by usage, or held by prevailing morality or strong and preponderant opinion to be greatly and immediately necessary to the public welfare Police power is broad enough to be exercised on the basis of the economic need for the public welfare Individual rights to contract and to property have to give way to police power for the public welfare. Police power may also be invoked by the State to promote morality in public service. Delegation of legislative power.As a general rule, the functions of legislation may not be delegated by the legislative to the executive department or to any executive or administrative officer, board or commission But while the legislative cannot delegate power to make the law, in the sense of exercising discretion as to what it shall be, it can confer authority or discretion as to its execution
There is no undue delegation of powers of
legislative powers as long as the legislature lays down a policy and a standard is established by the statute in question to be followed in its administration
Constitutional Law; Police Power; State has
inherent power enabling it to prohibit all things hurtful to comfort, safety and welfare of society. The police power is thus a dynamic agency, suitably vague and far from precisely defined, rooted in the conception that men in organizing the State and imposing upon its government limitations to safeguard constitutional rights did not intend thereby to enable an individual citizen
or a group of citizens to obstruct unreasonably
the enactment of such salutary measures calculated to insure communal peace, safety, good order and welfare. Same; Same; Valid Delegation of Legislative Power; Standard must be set to avoid the taint of unlawful delegation.What cannot be delegated is the authority under the Constitution to make laws and to alter and repeal them. The test is the completeness of the statute in all its terms and provisions when it leaves the hands of the legislature. To avoid the taint of unlawful delegation, there must be a standard which implies at the very least that the legislature itself determines matters of principle and lays down fundamental policy.