Calalang v.
Williams
Social Justice Defined | G.R. No. 47800 December 2, 1940 | Laurel, J. | By Luy, C.
Topic: constitutionality of banning animal-drawn vehicles in
certain roads at certain times in Metro Manila.
Recitation Summary:
1. Maximo Calalang brought before the court a petition
for a writ of prohibition against respondents with
regards to rules and regulations they have
implemented.
a. The assailed measure entails that animal-
drawn vehicles be prohibited from passing
along certain roads at given times for a period
of 1 year from the date of opening of the
Colgante Bridge.
2. Unconstitutional for:
a. conferring legislative power
b. constitutes an unlawful interference with
legitimate business
c. infringes upon social justice.
3. Court: decided against the petitioners’ allegations
stating that the law does not confer legislative power
thus not unconstitutional, was made to promote
general welfare though it curtail certain liberties, and
social justice entails bringing the greatest good for the
greatest number of people
4. The writ of prohibition is DENIED.
Facts of the Case:
 Maximo Calalang brought before the court a petition
for a writ of prohibition against respondents
 Petitioner alleges that a measure recommended by the
Director of Public works was approved by the Chairman
of the National Traffic Commission & Secretary of
Public Works and Communication, consequently
enforced by the Mayor of Manila and Acting Chief of
Police of Manila.
 The assailed measure entails that animal-drawn
vehicles be prohibited from passing along the following
roads at certain times for a period of 1 year from the
date of opening of the Colgante Bridge:
o Plaza Calderon  Dasmarinas st.: 7:30am-
12:30pm; 1:30pm-5:30pm
o Rosario st. & Rizal Ave.: 7am-11pm
 Measure was adopted in pursuance to Commonwealth
Act. No. 548 which authorizes Director of Public Works,
with the approval of the Secretary of Public Works and
Communications, to promulgate rules and regulations
to regulate and control the use of and traffic on
national roads.
 Animal drawn vehicles are no longer allowed to pass
and pick up passengers in the roads mentioned
Issues:
1. W/N measure is unconstitutional because it
constitutes an undue delegation of legislative power
a. NO. The ability to create measures is not a
delegation but conferring authority or
discretion as to its execution (ask Jules what
this means)
b. Commonwealth Act No. 548 does not confer
legislative power upon the indicated
individuals because the authority given to
them is not to determine what public policy
demands but merely to carry out the legislative
policy laid down by the National Assembly
c. This is done in order to ensure that the
administration of laws is able to adapt to the
growing complexity of modern life
2. W/N rules and regulations promulgated by the
respondents pursuant to the provisions of
Commonwealth Act No. 548 constitute an unlawful
interference with legitimate business or trade and
abridge the right to personal liberty and freedom of
locomotion
a. NO. The law (548) was inspired by a desire to
relieve congestion of traffic.
b. To promote the general welfare, the state may
interfere with personal liberty, with property,
and with business and occupations. For the
general welfare the rights of the individual are
subordinated.
c. Apparent curtailment of liberty = insuring its
preservation.
3. W/N said rules and regulations infringe upon the
constitutional principle regarding the promotion of
social justice to ensure the well-being and economic
security of all
a. NO. The promotion of social justice is achieved
not through a mistaken sympathy towards any
given group but through the adoption of
calculated measures that ensure economic
stability for all
b. Social justice rises from the fundamental and
paramount objective of the state of promoting
the health, comfort, and quiet of all persons,
and of bringing about "the greatest good to the
greatest number."
Ruling:
 The writ of prohibition prayed for is hereby denied, with
costs against the petitioner
Article XIII, Par. 1
The Congress shall give highest priority to the enactment of
measures that protect and enhance the right of ALL the people
to human dignity, reduce social, economic, and political
inequalities, and remove cultural inequities by equitably
diffusing wealth and political power for the common good.
Section 1. To promote safe transit upon, and avoid obstructions
on, roads and streets designated as national roads by acts of the
National Assembly or by executive orders of the President of the
Philippines, the Director of Public Works, 1 with the approval of
the Secretary of Public Works and Communications, 2 shall
promulgate the necessary rules and regulations to regulate and
control the use of and traffic on such roads and streets. Such
rules and regulations, with the approval of the President, may
contain provisions controlling or regulating the construction of
buildings or other structures within a reasonable distance from
and along national roads. Such roads may be temporarily closed
to any or all classes of traffic by the Director of Public Works 3 or
his duly authorized representative whenever the condition of the
road or the traffic thereon makes such action necessary or
advisable in the public interest, or for a specified period, with the
approval of the Secretary of Public Works and Communications.
4

Section2. It shall be unlawful for any person to convert any part

of any national road to his private use or in any manner to
obstruct or damage the same or any bridge, culvert, drainage
ditch, road sign, or other appurtenance pertaining thereto.

Section3. It shall be the duty of every Constabulary officer and

every provincial, city or municipal police officer to enforce the
provisions of this Act and the rules and regulations issued under
the authority of the same.

Section4. Any person found guilty of violating any of the

provisions of this Act or the rules and regulations issued
thereunder shall be punished, for the first conviction, by a fine of
not less than ten nor more than fifty pesos or by imprisonment
for not more than three months, or both; for the second
conviction, a fine of not less than twenty nor more than one
hundred pesos or by imprisonment for not more than six months,
or both; for any subsequent conviction, a fine of not less than fifty
nor more than five hundred pesos or by imprisonment for not
more than one year, or both.

Section5. This Act shall take effect upon its approval.

Approved: May 26, 1940.

Footnotes
* See Calalang v. Williams, 70 Phil. 726.

1. Secretary of Public Highways.

2. Approval of the Secretary of Public Works and
Communications is not necessary.
3. Now Secretary of Public Highways.
4. Approval of the Secretary of Public Works and
Communications is not necessary.
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