Police Power

Metropolitan Manila Development Authority vs. Viron Transportation Co., Inc., G.R. No. 170656. 15
August 15 2007, Carpio-Morales [J].

Facts: The present petition for review on certiorari, rooted in the traffic congestion problem, questions
the authority of the Metropolitan Manila Development Authority (MMDA) to order the closure of
provincial bus terminals along Epifanio de los Santos Avenue (EDSA) and major thoroughfares of Metro
Manila through the EO (179) issued by then President GMA on 10 February 2003.
On 24 February 2003, Viron Transport Co., Inc. (Viron), a domestic corporation engaged in the
business of public transportation with a provincial bus operation, petition for declaratory relief before
the RTC of Manila. Later, Mencorp Transportation, Inc., another bus operator, filed a similar petition.
Said petitions were consolidated on 19 June 2003. RTC upheld the constitutionality of the EO. Petition
for reconsideration was likewise denied. Hence, this petition.

Issue: Whether E.O. 179 is constitutional and MMDA has valid police power as the implementor of the
Project

Held: No, the MMDA has no police power over the matter. It is the DOTC—as the primary policy,
planning, programming, coordinating, implementing, regulating and administrative entity to promote,
develop and regulate networks of transportation and communications—which has the power to
establish and administer a transportation project like the Project subject of the case at bar. By
designating the MMDA as the implementing agency of the Project, the President clearly overstepped the
limits of the authority conferred by law, rendering E.O. No. 179 ultra vires. It is ultra vires, there being
no legal basis therefor | Such authority springs from the President’s power of control over all executive
departments as well as the obligation for the faithful execution of the laws under Article VII, Section 17
of the Constitution which provides: “The President shall have control of all the executive departments,
bureaus and offices. He shall ensure that the laws be faithfully executed.”
Police power is the plenary power vested in the legislature to make, ordain, and establish
wholesome and reasonable laws, statutes and ordinances, not repugnant to the Constitution, for the
good and welfare of the people. This power to prescribe regulations to promote the health, morals,
education, good order or safety, and general welfare of the people flows from the recognition that salus
populi est suprema lex—the welfare of the people is the supreme law. While police power rests
primarily with the legislature, such power may be delegated, as it is in fact increasingly being delegated.
By virtue of a valid delegation, the power may be exercised by the President and administrative boards
as well as by the lawmaking bodies of municipal corporations or local governments under an express
delegation by the Local Government Code of 1991. Tests for Valid Exercise of Police Power, viz.: (1) the
interest of the public generally, as distinguished from that of a particular class, requires its exercise; and
(2) the means employed are reasonably necessary for the accomplishment of the purpose and not
unduly oppressive upon individuals. Stated differently, the police power legislation must be firmly
grounded on public interest and welfare and a reasonable relation must exist between the purposes and
the means.
Hence, E.O. 179 is unconstitutional.

Fallo: WHEREFORE, the Petition is, in light of the foregoing disquisition, DENIED. E.O. No. 179 is
declared NULL and VOID for being ultra vires.