Mirasol vs DPWH: Bill of Rights and Due Process

Mirasol vs DPWH: Bill of Rights and Due Process

Most of the references I found for Mirasol vs DPWH are either summarized or of limited supply. Thankfully the notes I have saved went straight to the point on which constitutional issues were questioned.

Mirasol vs DPWH

Digging through my old review notes, I found some notes in Constitutional Law that might be worth salvaging. Since I feel like preserving some of these studies, I might as well post them here for everyone else to analyze as well.

Bill of Rights in relation to Driver’s License

The Department of Public Works and Communication issued Administrative Order No. 1, which prohibited motorcycles on limited access highways on the basis of Republic Act No. 2000. Petitioner argued that the fact that they possess driver’s licenses and that their vehicles are registered with the Land Transportation Office entitle them to use all kinds of roads.

[HELD] A driver’s license merely allows one to drive a particular mode of transport. It is not a license to drive any form of transportation on any type of road. Vehicle registration merely signifies the roadworthiness of a vehicle. This does not preclude the Government from prescribing which roads are accessible to certain vehicles.

Mirasol vs DPWH, 490 SCRA 318

Bill of Rights in relation to Police Power

The Department of Public Works and Communications issued Administrative Order No. 1, which prohibited motorcycles on limited access highways on the basis of Republic Act No. 2000. Petitioners argued that Administrative Order No. 1 is unreasonable.

[HELD] The use of public highways by motor vehicles is subject to regulation as an exercise of the police power of the State. Administrative Order No. 1 merely outlined precautionary measures to ensure public safety and the uninhibited flow of traffic within limited access facilities.

Mirasol vs DPWH, 490 SCRA 318

Bill of Rights:
Equal Protection Clause

The Department of Public Works and Communication issued Administrative Order No. 1 which prohibited motorcycles on limited access highways on the basis of Republic Act No. 2000. Petitioners argued that the Administrative Order No. 1 violates equal protection, because it singled out motorcycles.

[HELD] Real and substantial distinctions exist between a motorcycle and other forms of transport sufficient to justify its classification among those prohibited from plying the toll ways. A two-wheeled vehicle is less stable and more easily overturned than a four-wheeled vehicle.

Mirasol vs DPWH, 490 SCRA 318

It’s not guaranteed that some of these concepts will show up in the upcoming Bar Exams. Still, reading anything that used laws can still be used in current cases might come up when aspiring barristers least expect it. Nothing beats reading, reviewing and revisiting concepts that are considered favorites in any Bar Exam season.

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