Wednesday, February 08, 2012

Mirasol v. DPWH, 490 SCRA 318 (2006)

Facts: Petitioners sought the declaration of nullity of certain administrative issuances of the DPWH for being inconsistent with RA 2000, entitled “Limited Access Highway Act.” Among others, is AO1 which requires motorcycles shall have an engine displacement of at least 400cc.

Issue: Whether or not said administrative issuances are unconstitutional

Held: Petition partly granted. It is the DOTC, not the DPWH, which has authority to regulate, restrict, or prohibit access to limited access facilities.

We find that AO1 does not impose unreasonable restrictions. It merely outlines several precautionary measures, to which toll way users must adhere. These rules were designed to ensure public safety and the uninhibited flow of traffic within limited access facilities. 

The use of public highways by motor vehicles is subject to regulation as an exercise of the police power of the state. The police power is far-reaching in scope and is the “most essential, insistent and illimitable” of all government powers. The tendency is to extend rather than to restrict the use of police power. The sole standard in measuring its exercise is reasonableness.

Digg Google Bookmarks reddit Mixx StumbleUpon Technorati Yahoo! Buzz DesignFloat Delicious BlinkList Furl

0 comments: on "Mirasol v. DPWH, 490 SCRA 318 (2006)"

Post a Comment