151 Agustin vs.

Edu, AUTHOR:
88 SCRA 195 (1979) NOTES: (if applicable)
TOPIC: Adoption of International Law
PONENTE: PACTA SUNT SERVANDA- a latin term which
means agreements must be kept. It is based upon
the principle of good faith.

FACTS: (chronological order)

1. The validity of a letter of Instruction (Letter of Instructions No. 229) providing for an early
seaming device for motor vehicles is assailed in this prohibition proceeding as being
violative of the constitutional guarantee of due process and, insofar as the rules and
regulations for its implementation are concerned, for transgressing the fundamental
principle of non- delegation of legislative power. By this Letter Instruction,
a. The Land transportation Commissioner requires every motor vehicle owner to
procure from any and present at the registration of his vehicle, one pair of a
reflectorized early warning device, as d bed of any brand or make chosen by mid
motor vehicle
b. The Land Transportation Commissioner shall cause Reflectorized Triangular Early
Warning Devices, as herein described, to be prepared and issued to registered
owners of motor vehicles, except motorcycles and trailers, charging for each piece
not more than 15 % of the acquisition cost
2. Petitioner is the owner of a Volkswagen Beetle Car already properly equipped when it
came out from the assembly lines with blinking lights fore and aft, which could very well
serve as an early warning device in case of the emergencies mentioned in Letter of
Instructions No. 229, as amended, as well as the implementing rules and regulations in
Administrative Order No. 1 issued by the land transportation Commission,"
3. OSG- petitioner is wrong. The legal bases are:
a. The cases of Calalang v. Williams, Morfe v. Mutuc, and Edu v. Ericta.
b. 1968 Vienna Conventions of the United Nations on road traffic, road signs, and
signals, of which the Philippines was a signatory and which was duly ratified
ISSUE(S):
1. Is the LOI constitutional because it is a valid delegation of police power?
2. Is the LOI constitutional because it is in compliance with the Philippines obligation in
international law?

HELD
1. Yes.
2. Yes.

RATIO:
1. it is a valid delegation of police power. Police power is the state authority to enact
legislation that may interfere with personal liberty or property in order to promote the
general welfare (Edu v. Ericta citing Calalang vs. Williams). It is to promote public
safety:
a. The latest decision in point, Edu v. Ericta, sustained the validity of the Reflector
Law, an enactment conceived with the same end in view.
b. Calalang v. Williams found nothing objectionable in a statute, the purpose of
which was: "To promote safe transit upon, and. avoid obstruction on roads and
streets designated as national roads * * *.
c. An attempt was also made to nullify the National Defense Act, the first law
sought to be nullified after the effectivity of the 1935 Constitution, but failed
because it was also likewise prompted by the imperative demands of public
 safety.
Blinking lights may lead to confusion whether the nature and purpose of the driver is
concerned. Unlike the triangular reflectors, whose nature is evident because its installed
when parked for 30 minutes and placed from 400 meters from the car allowing drivers to
see clearly.

2. The petition itself quoted these two whereas clauses of the assailed Letter of Instruction.
Whereas the hazards posed by such obstructions to traffic have been recognized by
international bodies concerned with traffic safety, the Vienna Convention on Road
Signs and Signals and the United Nation ratified by the Philippine local legislation for
the installation of road safety sign and devices. The 1968 Vienna Convention on Road
Signs and Signals is impressed with such a character. It is not for this country to
repudiate a commitment to which it had pledged its word. The concept of Pacta sunt
servanda stands in the way of such an attitude, which is, moreover, at war with the
principle of international morality.
CASE LAW/ DOCTRINE:
It is not for this country to repudiate a commitment to which it had pledged its word. The concept
of Pacta sunt servanda stands in the way of such an attitude, which is, moreover, at war with the
principle of international morality.
EMERGENCY RECIT:
Petitioner is the owner of a Volkswagen car who sees the newly issued Letter of instructions as violative
of the constitutional guarantee to due process and principle, the non-delegability of the legislative
power. The SC disagreed because not only is the LOI a valid exercise of police power as it promotes
public safety but it is also pursuant to our international commitment. The Phillippines has ratified the
1968 Vienna Convention on Road Signs and Signals and even made P.D. No. 207 to recommend the
nactment of local legislation for the installation of road safety signs and devices.
DISSENTING/CONCURRING OPINION(S):