Calalang v. Williams

[10] MAXIMO CALALANG v. A.D. WILLIAMS, ET AL.
measure proposed in the resolution aforementioned in

G.R. No. 47800 | December 2, 1940 pursuance of the provisions of the Commonwealth Act No. 548
Laurel, J. which authorizes said Director with the approval from the
Secretary of the Public Works and Communication to
SUMMARY: promulgate rules and regulations to regulate and control the
- Under Commonwealth Act No. 548, the DPWH, thru its use of and traffic on national roads.
Secretary, may promulgate rules and regulations to regulate - On August 2, 1940, the Director recommended to the Secretary
and control the use of and traffic of national roads. The DPWH the approval of the recommendations made by the Chairman of
then issued a resolution banning the passage of animal-drawn the National Traffic Commission with modifications. The
vehicles in various roads in Manila. As a consequence, such Secretary of Public Works approved the recommendations on
vehicles were not allowed to pass and pick up passengers in August 10,1940.
these roads to the detriment not only of the owners of the - The Mayor of Manila and the Acting Chief of Police of Manila
vehicles, but also to the riding public as well. have enforced and caused to be enforced the rules and
- Calalang assails the constitutionality of this resolution, regulation.
claiming that it constitutes unlawful interference with legitimate - As a consequence, all animal-drawn vehicles are not allowed
business or trade and violates the right to personal liberty and to pass and pick up passengers in the places above mentioned
freedom of locomotion. to the detriment not only of their owners but of the riding public
as well.
DOCTRINE: Definition of Social Justice (see Issue #1) - Maximo Calalang, in his capacity as a private citizen and
taxpayer, brought before the Supreme Court the petition for a
FACTS: writ of prohibition against:
- The National Traffic Commission, in its resolution of July 17, - A.D. Williams as Chairman of the National Traffic
1940, resolved to recommend to the Director of the Public Commission,
Works and to the Secretary of Public Works and - Vicente Fragante as Director of Public Works,
Communications that animal-drawn vehicles be prohibited from - Sergio Bayan as Acting Secretary of Public Works and
passing along the following for a period of one year from the Communications,
date of the opening of the Colgante Bridge to traffic along: - Eulogio Rodriguez as Mayor of the City of Manila, and
- Rosario Street extending from Plaza Calderon de la - Juan Dominguez as Acting Chief of Police of Manila.
Barca to Dasmariñas Street from 7:30Am to 12:30 pm
and from 1:30 pm to 530 pm; and ISSUES w/ HOLDING:
- Rizal Avenue extending from the railroad crossing at 1. [RELEVANT] Whether the rules and regulations complained of
Antipolo Street to Echague Street from 7 am to 11pm. infringe upon the constitutional precept regarding the
- The Chairman of the National Traffic Commission on July 18, promotion of social justice to insure the well-being and
1940 recommended to the Director of Public Works with the economic security of all the people - NO
approval of the Secretary of Public Works the adoption of the
a. The promotion of social justice is to be achieved not b. The promulgation of the Act aims to promote safe
through a mistaken sympathy towards any given group. transit upon and avoid obstructions on national roads
b. Social justice is "neither communism, nor despotism, in the interest and convenience of the public. In
nor atomism, nor anarchy," but the humanization of enacting said law, the National Assembly was prompted
laws and the equalization of social and economic by considerations of public convenience and welfare. It
forces by the State so that justice in its rational and was inspired by the desire to relieve congestion of
objectively secular conception may at least be traffic, which is a menace to public safety.
approximated. Social justice means the promotion of
the welfare of all the people, the adoption by the 3. Whether the rules and regulations promulgated by the
Government of measures calculated to insure respondents pursuant to the provisions of Commonwealth Act
economic stability of all the competent elements of NO. 548 constitute an unlawful interference with legitimate
society, through the maintenance of a proper economic business or trade and abridged the right to personal liberty and
and social equilibrium in the interrelations of the freedom of locomotion - NO
members of the community, constitutionally, through a. Public welfare lies at the bottom of the promulgation of
the adoption of measures legally justifiable, or extra- the said law and the state in order to promote the
constitutionally, through the exercise of powers general welfare may interfere with personal liberty, with
underlying the existence of all governments on the property, and with business and occupations.
time-honored principle of salus populi est suprema lex. b. Persons and property may be subject to all kinds of
Social justice, therefore, must be founded on the restraints and burdens in order to secure the general
recognition of the necessity of interdependence among comfort, health, and prosperity of the State. To this
divers and diverse units of a society and of the fundamental aims of the government, the rights of the
protection that should be equally and evenly extended individual are subordinated.
to all groups as a combined force in our social and c. Liberty is a blessing which should not be made to prevail
economic life, consistent with the fundamental and over authority because society will fall into anarchy.
paramount objective of the state of promoting the Neither should authority be made to prevail over liberty
health, comfort, and quiet of all persons, and of because then the individual will fall into slavery. The
bringing about "the greatest good to the greatest paradox lies in the fact that the apparent curtailment of
number." liberty is precisely the very means of insuring its
preserving.
2. Whether or not there is undue delegation of police power - NO
a. Section 1 of CA No. 548 do not confer legislative power
upon the Director. The authority is not to determine what
public policy demands but merely to carry out the
legislative policy laid down by the National Assembly

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[10] MAXIMO CALALANG v. A.D. WILLIAMS, ET AL.

measure proposed in the resolution aforementioned in

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