Cebu Autobus Co. & Lt. Andres D. Damian
In the 1920's aside from horse rigs (tartanilla) plying in the streets of Cebu City and the province, there were passenger trucks. One of the leading transportation company in the municipality of Cebu was Cebu Autobus Co. At that time, the company owned 28 passenger trucks, it also employed 80 personnel. There were chauffeurs (drivers were called then as chauffeurs, considering the influence of the Americans, since we were officially a colony from 1900 to 1946) and conductors.
In regulating the license and permit of the bus and drivers it was under Act No. 3045 or the Motor Vehicle Law. Tasked to implement the law was the director of Public Works.
In Cebu, just like the rest of the country where there are buses running, the director of Public Works was assisted by deputies. Such group was called the "Traffic Squad," led by Lieutenant Andres D. Damian, a Philippine Constabulary Official. Lieutenant Damian under him were Philippine Constabulary soldiers.
At that time there were already complaints of abusive drivers and Lieutenant Damian and his squad saw to it that drivers properly behaved in the streets to avoid accidents. The chauffeurs (drivers) of Cebu Autobus Co. complained that Lieutenant Damian and his squad were confiscating or suspending their licenses.
Lieutenant Damian seen as a strict enforcer of the law was asked many times to go easy on the drivers. However, the "Traffic Squad" continued with disciplining the drivers.
Cebu Autobus Co. (a company established by Don Sergio S. Osmeña, who was governor of Cebu and at that time 1st Speaker of the National Assembly) filed a petition before the Court of First Instance to prohibit Lieutenant Damian from confiscating or suspending the licenses of drivers.
The ground of Cebu Autobus Co. was that Lieutenant Damian has no power to confiscate or suspend the licenses of drivers, for it is only the director of Public Works who was given power by the Motor Vehicle Law. Lieutenant Damian represented by Provincial Fiscal Borromeo Veloso argued that the Constabulary officer was a deputy of the Director of Public Works whose appointment was made in accordance with the Motor Vehicle Law.
Judge Vickers, the American Presiding Judge of the Court of First Instance of Cebu granted the petition of Cebu Autobus Co. and ordered Lieutenant Damian to stop confiscating or suspending the licenses of drivers.
Lieutenant Damian went up to the Supreme Court, challenged the decision of the Court of First Instance. After trial, the Supreme Court ruled that it was wrong for Judge Vickers to declare that it was only the director of Public Works who had the power to enforce the Motor Vehicle Law. The Supreme Court said that a deputy appointed by the director of Public Works had the power to enforce the law, and this is the spirit of the law.
The case was decided by the Supreme Court on March 5, 1929 and was the test case on the power of those deputized by the director of Public Works.
The young Philippine Constabulary officer, Lieutenant Damian, during the World War II was a major and served as officer of the United States Army for the Far East. Major Damian was the Commanding Officer of Delta Company of the 11th Infantry, the later as Commanding Officer of the 1st Battalion, 14th Infantry.
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