3. Agustin Vs. Edu Case Digest Agustin Vs. Edu 88 SCRA 195 G.R. No.

L-49112 February 2, 1979 Facts: President Marcos issued the Letter of Instruction No. 229 which states that all owners, users or drivers shall have at all times one pair of early warning devise (EWD) in their cars acquire from any source depending on the owners choice. The Letter of Instruction was assailed by petitioner Leovillo Agustin to have violated the constitution guarantee of due process against Hon Edu, Land Transportation Commissioner, Hon. Juan Ponce Enrile, Minister of national Defense, Hon. Juinio, Minister of Public Works, Transportation and Communication and Hon. Aquino, Minister of Public Highways. Because of such contentions, the Implementing Rules and Regulation was ordered to be suspended for a period of 6 months. Petitioner alleges that EWD are not necessary because vehicles already have hazard lights (blinking lights) that can be use as a warning device. Also petitioner contest that the letter of instruction violates the delegation of police power because it is deemed harsh, oppressive and unreasonable for the motorists and those dealers of EWD will become instant millionaires because of such law. Issue: Whether or not Petitioners contentions possess merit. Held: Petitioners contentions are without merit because the exercise of police power may interfere with personal liberty or property to ensure and promote the safety, health and prosperity of the State. Also, such letter of instruction is intended to promote public safety and it is indeed a rare occurrence that such contention was alleged in a instruction with such noble purpose. Petitioner also failed to present the factual foundation that is necessary to invalidate the said letter of instruction. In cases where there is absence in the factual foundation, it should be presumed that constitutionality shall prevail. Pres. Marcos on the other hand possesses vital statistics that will justify the need for the implementation of this instruction. As signatory to the 1968 Vienna Conventions on Road Signs and Signals, our country must abide with the standards given as stated in our Constitution that the Philippines adopts the generally accepted principles of International Law as part of the law of the land. In the case at bar, the Vienna Convention also requires the use of EWD. Vehicle owners are not obliged to buy an EDW. They can personally create a EWD provided that it is in accordance to the specifications provided by law. Petitioners allegation against the manufacturers of EDW being millionaires is deemed to be an unfounded speculation. Wherefore, the petition is dismissed. The restraining order regarding the implementation of the Reflector Law is lifted making the said law immediately executory.