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Bautista vs. Juinio 127 SCRA 329 FACTS: Letter of Instruction No.

869, issued on May 31, 1979the response to the protracted oil crisis that dates back to 1974 memorandum circular No. 39, provides fort the penalties. Letter of Instruction No. 869 banning the use of the private vehicles with H and EH plates on weekends and on holidays 12am Saturday morning to 5am Monday morning, 1am of the holiday to 5am of the day after the holiday. Memorandum Circular No. 39 has penalties of fine, confiscation of vehicles and cancellation of registration. The exempted vehicles are service trucks, Diplomatic, Consular Corps, and tourist cars. Petitioners contended that Memorandum Circular No. 39, issued by the Minister of Public works, Transportation and Communications (Alfredo L. Juinio), and then respondent Land Transportation Commissioners (Romeo Edu), is unconstitutional on the ground that is violative of the non-delegation of legislative powers. However respondent contend that said Memorandum Circular No. 39 were adapted pursuant to the land transportation and traffic code. ISSUE: Whether or not Memorandum Circular No. 39 is ultra vires HELD: Memorandum Circular No. 39 cannot be held ultra vires as long as the fine imposed is not less than ten or more than fifty pesos, as to the suspension of registration to the suspension of registration, it is valid. However as to the impounding of a vehicle finds no statutory justification, it must be made clear that a penalty even if warranted can only be imposed in accordance with the procedure required by law.

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