G.R. No. L-32096 October 24, 1970
ROMEO F. EDU, in his capacity as Land Transportation Commissioner, petitioner, vs.
HON. VICENTE G. ERICTA in his capacity as Judge of the Court of First Instance of Rizal, Br. XVIII, Quezon City, and TEDDY C. GALO respondents. Office of the Solicitor General Felix Q. Antonio, Acting Assistant Solicitor General Hector C. Fule and Solicitor Vicente A. Torres for petitioner. Teddy C. Galo in his own behalf.
Judge Vicente Ericta in his own behalf.
Petitioner Romeo F. Edu, the Land Transportation Commissioner, would have us rule squarely on the constitutionality of the Reflector Law1 in this proceeding for certiorari and prohibition against respondent Judge, the Honorable Vicente G. Ericta of the Court of First Instance of Rizal, Quezon City Branch, to annul and set aside his order for the issuance of a writ of preliminary injunction directed against Administrative Order No. 2 of petitioner for the enforcement of the aforesaid statute, in a pending suit in his court for certiorari and prohibition, filed by the other respondent Teddy C. Galo assailing; the validity of such enactment as well as such administrative order. Respondent Judge, in his answer, would join such a plea asking that the constitutional and legal questions raised be decided "once and for all." Respondent Teddy C. Galo who was quite categorical in his assertion that both the challenged legislation and the administrative order transgress the constitutional requirements of due process and non-delegation, is not averse either to such a definitive ruling. Considering the great public interest involved and the reliance by respondent Galo and the allegation that the repugnancy to the fundamental law could be discerned on the face of the statute as enacted and the executive order as promulgated, this Court, sees no obstacle to the determination in this proceeding of the constitutional questions raised. For reasons to be hereafter stated, we sustain the validity of the Reflector Law and Administrative Order No. 2 issued in the implementation thereof, the imputation of constitutional infirmity being at best flimsy and insubstantial. As noted in the answer of respondent Judge, respondent Galo on his behalf and that of other motorist filed on May 20, 1970 a suit for certiorari and prohibition with preliminary injunction assailing the validity of the challenged Act as an invalid exercise of the police power, for being violative of the due process clause. This he followed on May 28, 1970 with a manifestation wherein he sought as an alternative remedy that, in the event that respondent Judge would hold said statute constitutional, Administrative Order No. 2 of the Land Transportation Commissioner, now petitioner, implementing such legislation be nullified as an undue exercise of legislative power. There was a hearing on the plea for the issuance of a writ of preliminary injunction held on May 27. 1970 where both parties were duly represented, but no evidence was presented. The next day, on May 28, 1970, respondent Judge ordered the issuance of a preliminary injunction directed against the enforcement of such administrative order. There was the day after, a motion for its reconsideration filed by the Solicitor General representing petitioner. In the meanwhile, the clerk of court of respondent Judge issued, on June 1, 1970 the writ of preliminary injunction upon the filing of the required bond. The answer before the lower court was filed by petitioner Edu on June 4, 1970. Thereafter, on June 9, 1970, respondent Judge denied the motion for reconsideration of the order of injunction. Hence this petition for certiorari and prohibition filed with this court on June 18, 1970. In a resolution of June 22, 1970, this Court required respondents to file an answer to the petition for certiorari and prohibition. Respondent Judge, the Honorable Vicente G. Ericta, did...