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    Agustin vs. Edu, 88 SCRA 195

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    Petitioner owned a Volkswagen Beetle car equipped with blinking lights that could serve as an early warning device. Respondent, the Land Transportation Commissioner, issued a memorandum requiring the use of early warning devices on all motor vehicles. Petitioner argued this requirement was unlawful and unconstitutional. The court held the requirement was a valid exercise of police power, as the Vienna Convention on road signs and signals had been ratified by the Philippines, making safety signs and devices required under international law which prevailed over municipal law.

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    Agustin vs. Edu, 88 SCRA 195

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    k9 unit ro 1
    36 views1 page
    Petitioner owned a Volkswagen Beetle car equipped with blinking lights that could serve as an early warning device. Respondent, the Land Transportation Commissioner, issued a memorandum requiring the use of early warning devices on all motor vehicles. Petitioner argued this requirement was unlawful and unconstitutional. The court held the requirement was a valid exercise of police power, as the Vienna Convention on road signs and signals had been ratified by the Philippines, making safety signs and devices required under international law which prevailed over municipal law.

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    Petitioner owned a Volkswagen Beetle car equipped with blinking lights that could serve as an early warning device. Respondent, the Land Transportation Commissioner, issued a memorandum requiring the use of early warning devices on all motor vehicles. Petitioner argued this requirement was unlawful and unconstitutional. The court held the requirement was a valid exercise of police power, as the Vienna Convention on road signs and signals had been ratified by the Philippines, making safety signs and devices required under international law which prevailed over municipal law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    36 views1 page

    Agustin vs. Edu, 88 SCRA 195

    Uploaded by

    k9 unit ro 1
    Petitioner owned a Volkswagen Beetle car equipped with blinking lights that could serve as an early warning device. Respondent, the Land Transportation Commissioner, issued a memorandum requiring the use of early warning devices on all motor vehicles. Petitioner argued this requirement was unlawful and unconstitutional. The court held the requirement was a valid exercise of police power, as the Vienna Convention on road signs and signals had been ratified by the Philippines, making safety signs and devices required under international law which prevailed over municipal law.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
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    Agustin vs Edu, 88 SCRA 195

    FACTS:

    Petitioner was an owner of a volkswagen beetle car,model 13035 already properly


    equipped when it came out from the assembly lines with blinking lights which could
    serve as an early warning device in case of the emergencies mentioned in Letter of
    Instructions No 229, as amended, as well as the Implementing rules and regulations in
    Administrative Order No 1 issued by Land transportation Commission.Respondent Land
    Transportation commissioner Romeo Edu issued memorandum circular no 32 pursuant
    to Letter of Instructions No.229,as amended. It required the use of early Warning
    Devices (EWD) on motor vehicles. Petitioner alleged that the letter of instructions, as
    well as the implementing rules and regulations were unlawful and unconstitutional.

    ISSUE:

    Whether the Letter of Instruction imposes valid measure of police power?

    HELD:

    YES, The court held that the letter of Instruction No.229,as amended as well as the
    implementing rules and regulations were valid and constitutional as a valid measure
    of police power. The Vienna Convention on Road signs and signals and the United
    Nations Organization was ratified by the Philippine local legislation for the installation
    of road safety signs and devices. It cannot be disputed then that this Declaration of
    Principle found in the Constitution possesses relevance,between the International law
    and municipal law in applying the rule municipal law prevails.

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