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.