A Case Brief

Not allow to buy a car if no PARKING SPACE available.

Argument:
1. General Welfare of the Pubic as the premier
The obligation of the constitution to its people was written in the Preamble of the
land, to promote the General Welfare of the public as accorded to the
provisions of law. It has two dimensions on how this duty is exercised. First, the
duty of the government to provides the basic needs of its people; and; second,
concerns the scope of government authority to respond to its nations needs. In
general, the constitution has not been interpreted to encompass positive rights to
social or economic provision and to secure the material conditions necessary for
full citizenship and equal opportunity.
Section 1 of 1987 constitution states that, no person shall be deprived of his life,
liberty, or property without due process of law, thus, right to own property is a
constitutional in nature. But this right must be in accordance to general welfare of
the public. Article 636 of the civil code states that, Easements established by law
in the interest of private persons or for private use shall be governed by the
provisions of this Title, without prejudice to the provisions of general or local laws
and ordinances for the general welfare.
Buying a car is an exercise of ones own right without deprivation or opposing
him not to do it. It is his mandate and as long as he has the resources to buy it,
then he can have it. But because of the present situation in the country,
especially in Metro Manila, only few parking spaces available and not everyone
has it. The population in the metropolis increases in every year resulting the
street space narrowed. Some vehicle owners use it as their parking areas. It is
evidently seen in deep corner of every locality of the cities.

Page 1 of 5

Arising to this carmageddon phenomenon, other localities and cities are creating
resolutions to uphold the general welfare of the public in battling these issues in
their respective jurisdiction. The masses already suffering the effect of traffic, the
business sector feels the results of congestion because of the delay delivery of
services, products and other related matter pertaining to business, and space
problem of the national streets causing the highways not passable because it
was used by some locals and bus operators as their parking sites for their cars
and business.
Because of this scenario, some local government of Metro Manila invoking their
obligation to the public based on Section 16 of the Local Government Code
which states that, the local government has the powers expressly granted, those
necessarily implied therefrom, which are essential to the promotion of the general
welfare.
The Quezon City government started to impose no garage, no car policy to the
PUVs last September 2015. That proposal has the possibility to solve Metro
Manila traffic woes as they say. There some jurisprudence already provides that
the municipal can prohibits in relation to motor vehicle. Revised Administrative
Code, otherwise known as the "General Welfare Clause" for regularly organized
municipalities.
In the case of Vega v Municipal Board of the City of IloIlo. *, it was held that a
municipal council may not validly enact an ordinance "prohibiting," among other
things, the manufacture, production, sale, barter, giving possession of
intoxicating liquor, the power of said body being limited, by section 2242 (g) of
the Revised Administrative Code, to the "regulation" which does not include
the "prohibition" of said acts, and that the police power under the general
welfare clause does not amplify said authority or remove the limitation thus
imposed by specific provision of law. Under Commonwealth Act No. 158, the
authority of the Municipal Board of the City of Iloilo in relation to motor vehicles,
Page 2 of 5

is found in subdivision (m) of section 21 of said Act which grants said board the
power.
In the argument presented, a person will not be allowed to buy a car if there is no
parking space available is an affirmative resolution because it helps to resolve
the issue of public concern. If this will be materialized, it will constitute a good
contribution for the welfare of the public by looking at the big picture and not in
personal preference.
It is true that it is a ones right to own a property but it is also a duty to uphold the
promotion of the general welfare of the public. According to Stockholm
Declaration of 1972, Man has the fundamental right to freedom, equality and
adequate conditions of life, in an environment of a quality that permits a life of
dignity and well-being, and he bears a solemn responsibility to protect and
improve the environment for present and future generations.
Thus, a recommendation to use the mass transit and other projects of the
government pertaining to the deterioration of street space problem by supporting
all of it to a higher perspective resolving the national issue of the public in terms
of space problem.

Page 3 of 5

2. Vehicle Traffic as a National Issues in the country

In the 2015 traffic index, Philippines is fourth among the Asian countries and
placed ninth in the world when it comes to negative traffic situation. By number,
the total motor vehicles in Metro Manila has already peaked at 2.5 Million yet
Metro Manila roads has only 1,032 kilometers or 3.5% of the total 39,370
kilometers of roads nationwide. The National Capital Region has only one
kilometer of road per 424 vehicles. According to the article posted in University of
Philippines titled, When the Road Becomes a Parking Lot: A Hard Look at Metro
Manilas Traffic, the traffic problem in Metro Manila is a manifestation of
inadequate or lack of sound urban planning.
Added to it are the establishments aligning to metropolis such as shopping malls
and other commercial areas are significant traffic generators. One aspect of trip
generation is parking generation, and malls attract many people who tend to use
private vehicles as their means for travel. This is especially true in Metro Manila
and other major cities in the country where there are limited choices for public
transport. For one, it is neither so convenient nor comfortable for people taking
public transport in Metro Manila. And so, a lot of people would bring their cars or
motorcycles for shopping trips.

3. Environmental Issues concerning to health, people and diversity

The 1987 Constitution stipulates that, the State shall protect and advance the
right of the people to a balanced and healthful ecology in accord with the rhythm
and harmony of nature. Also, the preservation of health and peace of its
inhabitants is within the scope of functions of the government which was the
basis of the Supreme Court in deciding the case of PLDT v City of Davao and
Public Service Commission.

Page 4 of 5

In the mentioned provisions of law, it clearly discussed the duties and obligation
of the government and its counterpart to its predecessors, to protect and
promote healthy and safety of the general public. An issue regarding
environmental that has an impact to deteriorate the balance of nature is within
the government concern. At present premise, owning a car and utilize it on the
streets, contributes to a large problem of pollution to the public. It is true that it is
their right to utilize the property they have but they need to prepare and make
sure that they follow certain standards provided by law not to compensate
problem in the environment.
Metro Manila air pollution exceeds tolerable level as the result on the recent
study conducted by the Department of Health in co-operation with the World
Health Organization which shows that the air people breathe in Metro Manila
contains pollutants in excess of tolerable levels. The worst victims are the
children.
On the other hand, UP Forum posted last September 2015 through International
Cooperation Agency and Department of Environment and Natural Resources,
mentioned that the impact on the environment and general health of the
population, observed that 70 to 80% of air pollution in Metro Manila caused by
motor vehicles, and only 20 30% caused by emissions from industries and
other stationary sources. Meaning, one of the pollutants contributory lies on the
use of vehicle.
Because of the results gathered from different studies, it shows that too much
volume of the vehicle in the street constitutes a great damage on the
environmental arena. Thus this thing is not good for everyone and to the future.
Although the use of vehicle is conveniently received by the few but the impact of
it affects the lives of the many.

Page 5 of 5