BINAY vs DOMINGO

Facts:
The Burial Assistance Program (Resolution No. 60 – assisting those who only earn less
than P2,000/month of burial assistance in the amount of P500.00) made by Makati Mayor
Jejomar Binay, in the exercise of the police power granted to him by the municipal charter,
was referred to the Commission on Audit after the municipal secretary certified the
disbursement of four hundred thousand pesos for its implementation was disallowed by
said commission of such disbursements because there cannot be seen any perceptible
connection or relation between the objective sought to be attained and the alleged public
safety, general welfare, etc. of its inhabitants. Hence, this petition revolving around the
pivotal issue on whether or not Resolution No. 60 of the Municipality of Makati is a valid
exercise of police power under the general welfare clause.

Issue:
Whether or not Resolution No. 60 of the Municipality of Makati is a valid exercise of police
power under the general welfare clause.

Held:
Resolution No. 60 of the Municipality of Makati is a valid exercise of police power under
the general welfare clause. The police power is a governmental function, an inherent
attribute of sovereignty, which was born with civilized government. It is founded largely
on the maxims, “Sic utere tuo et ahenum non laedas” (use your property so as not to
impair others) and “Salus populi est suprema lex” (the welfare of the people is the
supreme law). Its fundamental purpose is securing the general welfare, comfort and
convenience of the people. Police power is the power to prescribe regulations to
promote the health, morals, peace, education, good order or safety and general
welfare of the people. It is the most essential, insistent, and illimitable of powers. In a
sense it is the greatest and most powerful attribute of the government. It is elastic and
must be responsive to various social conditions. The care for the poor is generally
recognized as a public duty. The support for the poor has long been an accepted exercise
of police power in the promotion of the common good.