MARY CONCEPCION BAUTISTA and ENRIQUE D. BAUTISTA, petitioners, vs. ALFREDO L. JUINIO, ROMEO F. EDU and FIDEL V. RAMOS, respondents. 127 SCRA 329 / G.R. No. L-50908 (January 31, 1984) FERNANDO, C.J.:
FACTS: Lette Letterr of Instru Instruct ction ion 869 was issue issued d on May 31, 1979 1979 as a valid validity ity of ener energy gy conse conserva rvatio tion n prohiiting certain vehicles on certain days or, to apply to this case, !"he use of private #otor vehicles with heavy $%& and e'tra heavy $(%& plates on wee)*ends and holidays was anned fro# +1- a.#. /aturday #orning to 0- a.#. Monday #orning, or 1- a.#. of the holiday to 0- a.#. of the day after the holiday. holiday. "his was in pursuant to Me#orandu# 2ircular o. 39, issued on 4une 11, 1979 y respondent respondent 5lfredo L. 4uinio, then Minister of ulic or)s, or)s, "ransportation and 2o##unica 2o##unication tions s and respond respondent ent o#eo o#eo . (du, (du, then 2o##issio 2o##issioner ner of Land Land "ransportat ransportation ion 2o##ission 2o##ission,, which which i#posed i#posed +the penaltie penalties s of ne, ne, conscati conscation on of vehicle vehicle and cancellat cancellation ion of registrat registration ion on owners owners of the certain vehicles+ vehicles+ found found violating violating such Letter Letter of Instructio Instruction. n. 5s provided, !:or violation of any provisions of this 5ct or regulations pro#ulgated pursuant hereto, not hereinefore hereinefore specically punished, punished, a ne of not less than ten nor #ore than fty pesos shall e i#posed. etitioners etitioners Mary 2oncepcion ;autista and (nris )aiser ?eep, which are oth classie classied d as heavy or %+ are eing allegedly allegedly violative violative of the due process process and es econo#y and sustain its develop#ental growthF BhereasC, to cushion the eEect of increasing oil prices and avoid fuel supply disruptions, it is
i#perative to adopt a progra# directed towards the ?udicious use of our energy resources co#ple#ented with intensied conservation eEorts and eGcient utiliHation thereofF .+ An the other hand, ad#inistrative interpretation of the law is at est #erely advisory, for it is the courts that nally deter#ine what the law #eans. It cannot e otherwise as the 2onstitution li#its the authority of the resident, in who# all e'ecutive power resides, to ta)e care that the laws e faithfully e'ecuted. o lesser ad#inistrative e'ecutive oGce or agency then can, contrary to the e'press language of the 2onstitution, assert for itself a #ore e'tensive prerogative.+ 5lso, Me#orandu# 2ircular o. 39 cannot e held to e ulra !"r#$ as long as the ne i#posed is not less than ten nor #ore than fty pesos. It follows that while the i#position of a ne or the suspension of registration under the conditions therein set forth is valid under the Land "ransportation and "raGc 2ode, the i#pounding of a vehicle nds no statutory ?ustication. "o apply that portion of Me#orandu# 2ircular o. 39 would e ulra !"r#$. It #ust li)ewise e #ade clear that a penalty even if warranted can only e i#posed in accordance with the procedure re
