Case #9

Agustin vs Edu 88 SCRA 195

Facts
This case is a petition assailing the validity or the constitutionality of a
Letter of Instruction No. 229, issued by President Ferdinand E. Marcos,
requiring all vehicle owners, users or drivers to procure early warning
devices to be installed a distance away from such vehicle when it stalls or
is disabled. In compliance with such letter of instruction, the Commissioner
of the Land Transportation Office issued Administrative Order No. 1
directing the compliance thereof.
This petition alleges that such letter of instruction and subsequent
administrative order are unlawful and unconstitutional as it violates the
provisions on due process, equal protection of the law and undue
delegation of police power.
Issue
Whether or not the Letter of Instruction No. 229 and the subsequent
Administrative Order issued is unconstitutional
Ruling
The Supreme Court ruled for the dismissal of the petition. The statutes in
question are deemed not unconstitutional. These were definitely in the
exercise of police power as such was established to promote public
welfare and public safety. In fact, the letter of instruction is based on the
constitutional provision of adopting to the generally accepted principles of
international law as part of the law of the land. The letter of instruction
mentions, as its premise and basis, the resolutions of the 1968 Vienna
Convention on Road Signs and Signals and the discussions on traffic
safety by the United Nations - that such letter was issued in consideration
of a growing number of road accidents due to stalled or parked vehicles on
the streets and highways.