VICENTE DE LA CRUZ, et. al., petitioners, order on November 7, 1975. Then came on vs. January 15, 1976 the decision upholding the The Honorable EDGARDO PARAS, et. al., constitutionality and validity of Ordinance No. respondents 84 and dismissing the cases. Hence, this petition for certiorari by way of appeal. G.R. No. & Date: L-42571-72. July 25, 1983 ISSUE Whether or not a municipal corporation, can prohibit Ponente: the exercise of a lawful trade, the operation of night FERNANDO, J. clubs, and the pursuit of a lawful occupation, such clubs employing hostesses Doctrine/Topic: Legislative Process Requirements as to Titles of HELD Bills; Subject shall be expressed in the title A. Decision: The SC held that municipal corporations cannot Facts of the Case: prohibit the operation of night clubs. They may be 1. Vicente De La Cruz, one of the petitioners, is an regulated, but not prevented from carrying on their owner of clubs and cabarets in Bulacan. business. 2. Jointly, de la Cruz and the other club owner- The writ of certiorari is granted and the decision of petitioners assailed the constitutionality of the lower court dated January 15, 1976 reversed, Ordinance No. 84 (series of 1975) known as a set aside, and nullified. prohibition and closure ordinance which was based on Republic Act No. 938 as amended (but Ordinance No. 84, Series of 1975 of the was originally enacted on June 20, 1953). Municipality of Bocaue is declared void and unconstitutional. 3. The said RA is entitled: "AN ACT GRANTING MUNICIPAL OR CITY BOARDS AND COUNCILS B. Rationale: THE POWER TO REGULATE THE Since there is no dispute as the title limits the ESTABLISHMENT, MAINTENANCE AND power to regulating, not prohibiting, it would result OPERATION OF CERTAIN PLACES OF in the statute being invalid if, as was done by the AMUSEMENT WITHIN THEIR RESPECTIVE Municipality of Bocaue, the operation of a night TERRITORIAL JURISDICTIONS." club was prohibited. 4. Its first section reads: "The municipal or city board A refusal to grant licenses, because no such or council of each chartered city shall have the businesses could legally open, would be subject power to regulate by ordinance the establishment, to judicial correction. That is to comply with the maintenance and operation of night clubs, legislative will to allow the operation and cabarets… and other similar places of continued existence of night clubs subject to amusement within its territorial jurisdiction.” appropriate regulations. 5. Then on May 21, 1954, the first section was It is to be admitted that as thus amended, if only amended to include not merely the power to the above portion of the Act were considered, a regulate, but likewise "prohibit." municipal council may go as far as to prohibit the operation of night clubs. If that were all, then the 6. The title, however, remained the same. It is appealed decision is not devoid of support in law. worded exactly as Republic Act No. 938. Additionally, the title was not in any way altered, 7. On November 5, 1975, two cases for prohibition as the exact wording was followed. The power with preliminary injunction were filed on the granted remains that of regulation, not prohibition. grounds that (1) Ordinance No. 84 is null and void There is thus support for the view advanced by as a municipality has no authority to prohibit a petitioners that to construe Republic Act No. 938 lawful business, occupation or calling; (2) as allowing the prohibition of the operation of Ordinance No. 84 is violative of the petitioners' night clubs would give rise to a constitutional right to due process and the equal protection of question. The Constitution mandates: "Every bill the law, as the license previously given to shall embrace only one subject which shall be petitioners was in effect withdrawn without judicial expressed in the title thereof." hearing; and (3)That under Presidential Decree No. 189 (as amended, by Presidential Decree No. 259 the power to license and regulate tourist- oriented businesses including night clubs, has been transferred to the Department of Tourism.