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Ferrer, Jr. vs.

Bautista
760 SCRA 652

FACTS:
The City of Quezon City passed Ordinance No. SP-2235, S-2013 on Garbage
Collection Fees imposing fees depending on the amount of the land or floor area.
Jose Ferrer, a property owner questioned the validity of this city ordinance.
According to him, it violates the he rule on equality because the fees are collected
from only domestic households and not from restaurants, food courts, fast food
chains, and other commercial dining places that spew garbage much more than
residential property owners

ISSUE:
Whether the ordinance is valid.

RULING:
No, the ordinance is not valid because it violates the equal protection clause.

For the purpose of garbage collection, there is, in fact, no substantial distinction
between an occupant of a lot, on one hand, and an occupant of a unit in a
condominium, socialized housing project or apartment, on the other hand. Most
likely, garbage output produced by these types of occupants is uniform and does not
vary to a large degree; thus, a similar schedule of fee is both just and equitable.

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