No. 47800. December 2, 1940
Maximo Calalang in his capacity as a private citizen and a taxpayer of Manila filed a petition for a writ of prohibition against the respondents – Williams, as Chairman of the National Traffic Commission; Fragante, as Director of Public Works; Bayan, as Acting Secretary of Public Works and Communications; Rodriguez, as Mayor of the City of Manila; and Dominguez, as Acting Chief of Police of Manila.
In pursuance of the provisions of Commonwealth Act No. 548 which authorizes the Director of Public Works to prohibit animal-drawn vehicles from passing along certain roads. As a consequence of such enforcement, all animal-drawn vehicles are not allowed to pass and pick up passengers in such places to the detriment not only of their owners but of the riding public as well
He contended that Commonwealth Act No. 548 by which the respondents are authorized to promulgate rules and regulations for the regulation and control of the use of and traffic on national roads and streets is unconstitutional because it constitutes an undue delegation of legislative power. It also infringe upon the constitutional precept regarding the promotion of social justice to insure the well-being and economic security of all the people.
1) Whether the rules and regulations complained of infringe upon the constitutional precept regarding the promotion of social justice to insure the well-being and economic security of all the people
No. Social justice is “neither communism, nor despotism, nor atomism, nor anarchy,” but the humanization of laws and the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated. Social justice means the promotion of the welfare of all the people, the adoption by the Government of measures calculated to insure economic stability of all the competent elements of society, through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community, constitutionally, through the adoption of measures legally justifiable, or extra-constitutionally, through the exercise of powers underlying the existence of all governments on the time-honored principle of salus populi est suprema lex.
Social justice, therefore, must be founded on the recognition of the necessity of interdependence among divers and diverse units of a society and of the protection that should be equally and evenly extended to all groups as a combined force in our social and economic life, consistent with the fundamental and paramount objective of the state of promoting the health, comfort, and quiet of all persons, and of bringing about “the greatest good to the greatest number.”
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