Beruflich Dokumente
Kultur Dokumente
DPWH
Held: DO 74 and DO 215 are void because the DPWH has no authority to
declare certain expressways as limited access facilities. Under the law, it is
the DOTC which is authorized to administer and enforce all laws, rules and
regulations in the field of transportation and to regulate related activities.
The DPWH cannot delegate a power or function which it does not possess in
the first place.
We find that it is neither warranted nor reasonable for petitioners to say that
the only justifiable classification among modes of transport is the motorized
against the non-motorized. Not all motorized vehicles are created equal. A
16-wheeler truck is substantially different from other light vehicles. The first
may be denied access to some roads where the latter are free to drive. Old
vehicles may be reasonably differentiated from newer models.46 We find
that real and substantial differences exist between a motorcycle and other
forms of transport sufficient to justify its classification among those
prohibited from plying the toll ways. Amongst all types of motorized
transport, it is obvious, even to a child, that a motorcycle is quite different
from a car, a bus or a truck. The most obvious and troubling difference
would be that a two-wheeled vehicle is less stable and more easily
overturned than a four-wheeled vehicle.
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