Mirasol v. Department of Public Works
REITERATIONFacts
The Antecedents: Petitioners James Mirasol, Richard Santiago, and Luzon Motorcyclists Federation, Inc. challenged administrative issuances by the Department of Public Works and Highways (DPWH) and the Toll Regulatory Board (TRB). Specifically, they sought to nullify DPWH Department Order No. 74 (DO 74), Department Order No. 215 (DO 215), and the Revised Rules and Regulations on Limited Access Facilities of the TRB, asserting these violated Republic Act No. 2000 (RA 2000), also known as the Limited Access Highway Act. Additionally, they sought to declare DPWH Department Order No. 123 (DO 123) and Administrative Order No. 1 (AO 1) unconstitutional. Procedural History: The petitioners initially filed a Petition for Declaratory Judgment with Application for Temporary Restraining Order and Injunction before the Regional Trial Court (RTC) of Makati City. They amended their petition to include a prayer for a temporary restraining order and/or preliminary injunction to prevent the enforcement of a total ban on motorcycles along the North and South Luzon Expressways and the Manila-Cavite (Coastal Road) Toll Expressway under DO 215. The RTC granted the preliminary injunction. Subsequently, the RTC, in its Decision dated March 10, 2003, dismissed the petition regarding DO 74, AO 1, and the TRB regulations, but declared DO 123 invalid. The petitioners' motion for reconsideration was denied by the RTC in an Order dated June 16, 2003, leading to the present petition for review on certiorari. The Petition: This petition for review on certiorari, filed under Rule 45 of the 1997 Rules of Civil Procedure, seeks to reverse the RTC's decision and order. The petitioners argue that DO 74, DO 215, and the TRB regulations contravene RA 2000 by exceeding the DPWH's authority. They also contend that AO 1 and DO 123 are unconstitutional. The core of their argument is that the DPWH lacks the authority to issue regulations that restrict or prohibit access to limited access facilities, asserting this power now rests with the Department of Transportation and Communications (DOTC) following various executive reorganizations. They also challenge the validity of the motorcycle ban under AO 1, claiming it violates equal protection and the right to travel.
Issue(s)
Whether the RTC’s Decision Dismissing Petitioners’ Case is Barred by Res Judicata. Whether DO 74, DO 215, and the TRB Regulations contravene RA 2000. Whether AO 1 and DO 123 are Unconstitutional.
Ruling
The Supreme Court PARTLY GRANTED the petition, MODIFYING the RTC's Decision. It declared VOID Department Order Nos. 74, 215, and 123 of the DPWH, and the Revised Rules and Regulations on Limited Access Facilities of the TRB. It declared VALID Administrative Order No. 1 of the Department of Public Works and Communications.
Ratio Decidendi
On whether the RTC’s Decision Dismissing Petitioners’ Case is Barred by Res Judicata: The Court held that the RTC’s Order granting a preliminary injunction was not an adjudication on the merits of the case, and thus, did not trigger res judicata. A preliminary injunction is a provisional remedy meant to preserve the status quo until the court can hear the merits of the case. It does not serve as a final determination of the issues. Section 9 of Rule 58 of the 1997 Rules of Civil Procedure requires the issuance of a final injunction to confirm a preliminary injunction, underscoring that the latter is merely an ancillary remedy to the main proceeding. Therefore, the RTC did not err in dismissing the petition despite having previously granted a preliminary injunction. On whether DO 74, DO 215, and the TRB Regulations contravene RA 2000: The Court ruled that DO 74 and DO 215 are void because the DPWH lacks the authority to declare certain expressways as limited access facilities. While Section 4 of RA 2000 authorized the Department of Public Works and Communications (DPWC) to design and regulate access to limited access facilities, subsequent reorganizations devolved this regulatory power. Specifically, Executive Order No. 546 (EO 546) divided the Ministry of Public Works, Transportation and Communications into the Ministry of Public Works (now DPWH) and the Ministry of Transportation and Communications (now DOTC). EO 546 vested the DOTC with the authority to formulate policies and regulate activities relative to transportation. Therefore, it is the DOTC, not the DPWH, that is authorized to regulate, restrict, or prohibit access to limited access facilities. Since the DPWH has no such authority, it cannot delegate it to the TRB, rendering the TRB regulations void as well. On whether AO 1 and DO 123 are Unconstitutional: The Court declared DO 123 void not on constitutional grounds, but because the DPWH lacked the authority to promulgate it, as the power to regulate limited access facilities rests with the DOTC. Regarding AO 1, which prohibited motorcycles on limited access highways, the Court found it to be a valid exercise of police power. The issuance of AO 1 by the Secretary of the Department of Public Works and Communications in 1968 was authorized by Section 3 of RA 2000. The Court emphasized that the use of public highways is subject to regulation for public safety and the uninhibited flow of traffic. The prohibition of certain types of vehicles, like motorcycles, was deemed a reasonable restriction, not arbitrary or capricious, considering the inherent differences in stability and the potential safety concerns they might pose on high-speed facilities. The Court rejected the argument that AO 1 violated the equal protection clause, stating that classification is permissible if based on real and substantial differences, which exist between motorcycles and other motorized vehicles. The right to travel was not infringed, as petitioners were not denied access but merely regulated in their mode of transport, with alternative routes available.
Main Doctrine
Department Orders issued by the Department of Public Works and Highways (DPWH) declaring certain expressways as limited access facilities are void for want of authority, as such power was devolved to the Department of Transportation and Communications (DOTC) by virtue of Executive Order No. 546. Administrative Order No. 1, issued by the Department of Public Works and Communications, prohibiting motorcycles on limited access highways, is valid as a reasonable exercise of police power.