PDF- -COMMENCEMENT - dvcedu - Calalang v. Williams


CD Calalang vs

Williams (short version)ᄃ Edit 0 2… Topic: Sec 10 (Art

1987 Const

),"Promotion of social justice" CALALANG vs

WILLIAMS 70 pHIL 726 Facts: In pursuance of Commonwealth Act 548 which mandates the Director of Public Works,

with the approval of the Secretary of Public Works and Communications,

shall promulgate the necessary rules and regulations to regulate and control the use of and traffic on such roads and streets to promote safe transit upon,

roads and streets designated as national roads,

the Director of Public Works adopted the resolution of the National Traffic Commission,

prohibiting the passing of animal drawn vehicles in certainstreets in Manila

Petitioner questioned this as it constitutes an undue delegation of legislative power

Issues: Whether or not there is a undue delegation of legislative power

? Ruling: There is no undue delegation of legislative power

Commonwealth Act 548 does not confer legislative powers to the Director of Public Works

The authority conferred upon them and under which they promulgated the rules and regulations now complained of is not to determine what public policy demands but merely to carry out the legislative policy laid down by the National Assembly in said Act,

“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” and to close them temporarily to any or all classes of traffic “whenever the condition of the road or the traffic makes such action necessary or advisable in the public convenience and interest

is not the determination of what the law shall be,

but merely the ascertainment of the facts and circumstances upon which the application of said law is to be predicated

To promulgate rules and regulations on the use of national roads and to determine when and how long a national road should be closed to traffic,

in view of the condition of the road or the traffic thereon and the requirements of public convenience and interest,

is an administrative function which cannot be directly discharged by the National Assembly

It must depend on the discretion of some other government official to whom is confided the duty of determining whether the proper occasion exists for executing the law

But it cannot be said that the exercise of such discretion is the making of the law



The National Traffic Commission,

resolved to recommend to the Director of the Public Works and to the Secretary of Public Works and Communications that animal-drawn vehicles be prohibited from passing along the following for a period of one year from the date of the opening of the Colgante Bridge to traffic: 1) Rosario Street extending from Plaza Calderon de la Barca to Dasmariñas Street from 7:30Am to 12:30 pm and from 1:30 pm to 530 pm

and 2) along Rizal Avenue extending from the railroad crossing at Antipolo Street to Echague Street from 7 am to 11pm The Chairman of the National Traffic Commission on July 18,

of thethemeasure proposed in the resolution aforementioned in pursuance of the provisions of theCommonwealth Act No

On August 2,

the Director recommended to the Secretary the approval of the recommendations made by the Chairman of the National Traffic Commission with modifications

The Secretary of Public Works approved the recommendations on August 10,1940

The Mayor of Manila and the Acting Chief of Police of Manila have enforced and caused to be enforced the rules and regulation

As a consequence,

all animal-drawn vehicles are not allowed to pass and pick up passengers in the places above mentioned to the detriment not only of their owners but of the riding public as well

Issues: 1) Whether the rules and regulations promulgated by the respondents pursuant to the provisions of Commonwealth Act NO

? 2) Whether the rules and regulations complained of infringe upon the constitutional precept regarding the promotion of social justice to insure the well-being and economic security of all the people

The promulgation of the Act aims to promote safe transit upon and avoid obstructions on national roads in the interest and convenience of the public

In enacting said law,

the National Assembly was prompted by considerations of public convenience and welfare

It was inspired by the desire to relieve congestion of traffic,

which is a menace to the public safety

Public welfare lies at the bottom of the promulgation of the said law and the state in order to promote the general welfare may interfere with personal liberty,

and with business and occupations

Persons and property may be subject to all kinds of restraints and burdens in order to secure the general comfort,

To this fundamental aims of the government,

the rights of the individual are subordinated

Liberty is a blessing which should not be made to

prevail over authority because society will fall into anarchy

Neither should authority be made to prevail over liberty because then the individual will fall into slavery

The paradox lies in the fact that the apparent curtailment of liberty is precisely the very means of insuring its preserving

Social justice is “neither communism,

nor anarchy,” but the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated

Social justice means the promotion of the welfare of all the people,

the adoption by the Government of measures calculated to insure economic stability of all the competent elements of society,

through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community,

through the adoption of measures legally justifiable,

through the exercise of powers underlying the existence of all governments on the time-honored principles of salus populi estsuprema lex

Social justice must be founded on the recognition of the necessity of interdependence among divers and diverse units of a society and of the protection that should be equally and evenly extended to all groups as a combined force in our social and economic life,

consistent with the fundamental and paramount objective of the state of promoting health,

comfort and quiet of all persons,

and of bringing about “the greatest good to the greatest number

Calalang vs. Williams [Digested Case]

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