University of the Philippines College of Law | LocGov | D2021

Topic General Welfare Clause

Case Name US v. SALAVERIA
Case No. & Date G.R. No. 13678 (1918)
Ponente J. Malcolm
Petitioners The United States
Respondents Prudencio Salaveria

Summary (recit- Salaveria was convicted under an Ordinance which prohibits the playing of panguingue on certain days. He
friendly) questions the validity of such Ordinance. The Court ruled that the ordinance is valid. Although the game of
panguingue would not be classified as gambling under Philippine laws and jurisprudence, it is a proper
subject for regulation by municipal authorities acting under their delegated police power, whose laudable
intention is to improve the public morals.
Doctrine/s The general welfare clause (Section 2184 of the Administrative Code of 1916) delegates in statutory form the
police power to a municipality.

It is a general rule that ordinances passed by virtue of the implied power found in the general welfare clause
must be reasonable, consonant with the general powers and purposes of the corporation, and not
inconsistent with the laws or policy of the State.

RELEVANT FACTS
1. The municipal council of Orion, Bataan, enacted, on February 28, 1917, an ordinance 1 which, among other things, prohibited the
playing of panguingue (a card game) on days not Sundays or legal holidays, and penalized the violation thereof.
2. One evening, not a Sunday or legal holiday, the justice of the peace of Orion (Salaveria) with his wife and 5 other persons were
surprised by the police while indulging in a game of panguingue in him home. The police took possession of the cards, counters,
a tray, and P2.07 in money used in the game.
3. On the evening of March 8 1917, not a Sunday or a legal holiday, Salaveria (the justice of the peace of Orion), with his wife and 5
other persons were surprised by the police while indulging in a game of panguingue in his home.
4. Salaveria was convicted in the justice of the peace court of Orion and again in the CFI of Bataan. He questions the validity of the
ordinance under which he was convicted.

ISSUE AND RATIO DECIDENDI

Issue Ratio
WON the questioned Re: Definition of Gambling
ordinance is valid. YES The Court states that the Philippine Legislature has granted to municipalities legislative powers of a dual
character, one class mandatory and the other discretionary. Of the first class is the provision of the
Administrative Code which makes it the duty of the municipal council, conformably with law, "to
prohibit and penalize . . . gambling."
 The present municipal law, since making use of the word "gambling," must be construed with
reference to the Insular Law, Act No. 1757, relating to the same subject. Act No. 1757 in section 1
defines "gambling" as "the paying of any game for money or any representative of value or valuable
consideration or thing, the result of which game depends wholly or chiefly upon chance or hazard,
or the use of any mechanical inventions or contrivance to determine by chance the loser or winner
of money or of any representative of value or of any valuable consideration or thing."
 In the United States vs. Hilario (1913), the Supreme Court found that it excludes those games the
result of which depend wholly or chiefly upon skill.

The ordinance of Orion, Bataan, merely prohibits the playing of panguingue on certain days, without
describing it. It has never authoritatively decided yet whether panguingue was a game of skill or hazard.
 However, a reading of the decision of the trial court and of official opinions of two Attorneys-

1
Ordinance No. 3. x x x "Third.—The games known as 'Panguingue,' 'Manilla,' 'Jung-kiang,' 'Parisparis,' 'Poker,' 'Tute,' 'Burro,' and 'Treinta-y-uno'
shall be allowed only on Sundays and official holidays.
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General, of which we can take judicial cognizance, warrants the deduction that panguingue is not a
game of chance or hazard and is not prohibited by Act No. 1757.
 If, therefore, we were to restrict our investigation to those portions of the Administrative Code
which authorize a municipal council to prohibit and penalize gambling, there would exist grave
doubt, to say the least, of the validity of ordinance No. 3 of the municipality of Orion, Bataan.

While Philippine law gives to gambling a restricted meaning, in its broader signification, gambling
relates to play by certain rules at cards, dice, or other contrivance, so that one shall be the loser and
the other the winner.

Re: Police Power

Authority for the State or a municipality to take action to control gambling in this larger sense can be
found in an analysis of what is called the police power. Not only does the State effectuate its purposes
through the exercise of the police power but the municipality does also. Like the State, the police power
of a municipal corporation extends to all matters affecting the peace, order, health, morals,
convenience, comfort, and safety of its citizens—the security of social order—the best and highest
interests of the municipality.

Within the general police powers of a municipal corporation is the suppression of gambling. Ordinances
aimed in a reasonable way at the accomplishment of this purpose are undoubtedly valid.

Re: GENERAL WELFARE CLAUSE

The Philippine Legislature, as before intimated, delegated to municipalities certain legislative powers of
a discretionary nature. In addition, and preceding both the specific powers of a mandatory and
discretionary character, is the general power of a municipal council to enact ordinances and make
regulations. It is this grant that the preamble of the ordinance of Orion assigns as authority for its
enactment. Said section 2184 of the Administrative Code of 1916 (sec. 2238, Adm, Code of 1917) reads:
 "The municipal council shall enact such ordinances and make such regulations, not repugnant to law,
as may be necessary to carry into effect and discharge the powers and duties conferred upon it by
law and such as shall seem necessary and proper to provide for the health and safety, promote the
prosperity, improve the morals, peace, good. order, comfort, and convenience of the municipality
and the inhabitants thereof, and for the protection of property therein."
 This section, known as the general welfare clause, delegates in statutory form the police power to a
municipality.

The general welfare clause has two branches. One branch attaches itself to the main trunk of municipal
authority, and relates to such ordinances and regulations as may be necessary to carry into effect and
discharge the powers and duties conferred upon the municipal council by law. The second branch of the
clause is much more independent of the specific functions of the council which are enumerated by law.
It authorizes such ordinances "as shall seem necessary and proper to provide for the health and safety,
promote the prosperity, improve the morals, peace, good order, comfort, and convenience of the
municipality and the inhabitants thereof, and for the protection of property therein."

It is a general rule that ordinances passed by virtue of the implied power found in the general welfare
clause must be reasonable, consonant with the general powers and purposes of the corporation, and
not inconsistent with the laws or policy of the State.
 The ordinance of the municipality of Orion does not seem in itself to be pernicious, or unreasonable
or discriminatory. Its purposes evidently are to improve the morals and stimulate the industry of the
people.
 The courts cannot but realize that gambling, in its larger sense as well as in its restricted sense, is an
act beyond the pale of good morals, which, for the welfare of the Filipino people, should be
exterminated.

Although panguingue is not named in the general law on gambling, and although not entirely a game of
chance, since it is a proper subject for regulation by municipal authorities acting under their delegated
police power, whose laudable intention is to improve the public morals and promote the prosperity of
their people, their action should be upheld by the courts. Ordinance No. 3 of Orion, Bataan, is found to
 University of the Philippines College of Law | LocGov | D2021

be valid.

DISPOSITIVE: Ordinance No. 3 is valid. Appellant is found guilty.