MAXIMO CALALANG, petitioner, vs. A. D. WILLIAMS, ET AL., respondents
G. R. No. 47800 December
2, 1940
FACTS:
Maximo Calalng, a private citizen, petition for a writ of
prohibition against respondents, A. D. Williams, as Chairman of the National
Traffic Commission; Vicente Fragante, as Director of Public Works; Sergio
Bayan, as Acting Secretary of Public Works and Communications; Eulogio
Rodriguez, as Mayor of the City of Manila; and Juan Dominguez, as Acting Chief
of Police of Manila.
The petition stems from the prohibition of animal-drawn
vehicles from passing along Rosario Street extending from Plaza Calderon de la
Barca to Dasmarinas Street, from 7:30 AM to 12:30 PM and from 1:30 PM to 5:30
PM; and along Rizal Avenue extending from the railroad crossing at Antipolo
Street to Azcarraga Street, from 7 AM to 11 PM., for a period of one year from
the date of the opening of the Colgante Bridge to traffic. And that as a
consequence, all animal-drawn vehicles are not able to pass and pick up
passengers in the places above-mentioned to the detriment not only of their
owners but of the riding public as well.
Furthermore, the petitioner claims that such infringes upon
the constitutional precept regarding the promotion of social justice to insure
the well-being and economic security of all the people.
ISSUE:
Whether or not the petitoner’s claims on infringement of
social justice is correct.
RULING:
The promotion of social justice is to be achieved not
through a mistaken sympathy towards any group. Social justice is “neither
communism, nor despotism, no 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 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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