Republic vs. Maria Basa Express Jeepney Transport Operators

G.R. Nos.
206486, 212604, 212682 & 212800

Republic v. Maria Basa Express Jeepney Operators and Drivers Association, Inc
Facts:
This case involves the constitutionality and validity of Joint Administrative Order No.
2014-01 (JAO No. 2014-01) and its predecessor, Department Order No. 2008-39 (D.O.
No. 2008-39), issued by the Department of Transportation and Communications
(DOTC), through the Land Transportation Office (LTO) and the Land Transportation
Franchising and Regulatory Board (LTFRB).
In G.R. No. 206486, the Republic of the Philippines, represented by the DOTC and the
LTO, filed a Petition for Review on Certiorari under Rule 45 of the Rules of Court,
challenging the Resolutions of the Court of Appeals (CA) dismissing its Petition for
Certiorari and the Decision of the Regional Trial Court (RTC) declaring the
unconstitutionality of D.O. No. 2008-39. In G.R. Nos. 212604, 212682, and 212800,
various petitioners, filed Petitions for Certiorari to declare JAO No. 2014-01
unconstitutional and to prohibit its implementation.
The antecedent facts of the case involve the issuance of D.O. No. 2008 39 in 2008,
which established a penalty scheme for violations committed by motor vehicles in Metro
Manila. The petitioners argued that the D.O. No. was confiscatory, anti-poor, oppressive,
and unconstitutional. The RTC declared D.O. No. 2008-39 null and void, ruling that it
was issued without the proper authority and violated the constitutional rights of the
petitioners.
The CA affirmed the RTC's decision, prompting the Republic to file a Petition for
Certiorari before the Supreme Court.
Issue:
Whether or not the J.A.O and the D.O. are unconstitutional for being an invalid exercise
of police power
Ruling:
No. The Supreme Court ruled that both JAO No. 2014-01 and D.O. No. 2008 39 are
constitutional and valid. The Court held that the DOTC and the LTO have the delegated
legislative power to issue these orders, as provided by Executive Order No. 125-A. The
Court also found that the orders were a valid exercise of police power, as they were
intended to promote public safety and order.
There is little argument that measures calculated to promote the safety and
convenience of the public who rely on public or private land transportation is an
appropriate subject for the exercise of police power. The overriding consideration to
maintain public safety and to promote general welfare necessitates the eradication of
colorum vehicles, which is the major source of traffic congestion and accidents in the
streets of Metro Manila.
As a viable solution, the DOTC determined that it was high time to revise the provisions
of D.O. No. 2008-39, finding that the meager amounts and lenient penalties provided
thereunder could not altogether purge the proliferation of such unlicensed vehicles
plying the streets.
The Court rejected the argument that the orders were oppressive, arbitrary, vague, and
overbroad.
As an administrative agency, the DOTC, pursuant to E.O. No. 125, as amended, is
vested with delegated police power to prescribe and administer rules and regulations as
may be necessary to ensure the effective implementation of the law, such as D.O. No.
2008-39 and JAO No. 2014-01 in the case at bench.
As may be seen further, the Minister (now Secretary) of the DOTC is vested with the
authority and responsibility to exercise the mandate given to the department.
Accordingly, the DOTC Secretary is authorized to issue such orders, rules, regulations
and other issuances as may be necessary to ensure the effective implementation of the
law. Respecting the President's authority to order the implementation of the Project in
the exercise of the police power of the State, suffice it to stress that the powers vested
in the DOTC Secretary to establish and administer comprehensive and integrated
programs for transportation and communications and to issue orders, rules and
regulations to implement such mandate (which, as previously discussed, may
also be exercised by the President) have been so delegated for the good and
welfare of the people. Hence, these powers partake of the nature of police power.

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G.R. Nos.

206486, 212604, 212682 & 212800

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