FACTS
Juan Augusta Primacias
was his car within the jurisdiction of Urdaneta when a member of Urdaneta’s
Municipal Police asked him to stop. He was told, upon stopping, that he had
violated Municipal Ordinance No. 3, Series of 1964. Due to the institution of
the criminal case, plaintiff Primacias initiated an action for the annulment of
said ordinance
ISSUE
Whether or not Municipal
Ordinance No. 3, Series of 1964 is valid.
HELD
No, the ordinance in
question is not valid. A local legislative body intending to control traffic in
public highways is supposed to classify first, and then mark them with proper
signs, all to be approved by the Land Transportation Commissioner. There is no
showing that the marking of the streets and areas falling under the ordinance
was done with the approval of the Land Transportation Commissioner. It lacks
the requirement imposed by the Land Transportation and Traffic Code from
“enacting or enforcing any ordinance or resolution I conflict with the
provisions of this Act”, thus invalid.
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