POLICE POWER

CASE ERMITA MALATE HOTEL VS. MANILA CITY MAYOR

FACTS City Ordinance was enacted to regulate operations of the hotels and motels in the area.

ISSUE WON ordinance is Valid.

RULING Yes. Regulation is Valid exercise of Police power.

CASE CITY MANILA VS. JUDGE LAGUIO

Ordinance 7783 was enacted to prohibit establishment operations if they are employing
FACTS
women.

ISSUE WON ordinance is valid.

RULING No. prohibition is unconstitutional. Impairment of personal and property rights.

CASE ICHONG VS. HERNANDEZ

RA 1180 Act regulation retail business was passed and prohibits aliens from engaging in
FACTS
retail business.

ISSUE WON Act was valid.

Yes. Valid exercise of Police power. There are actual and fundamental differences of aliens
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and citizens of the Philippines which justifies legislative classifications

CASE RUBI ET AL VS. PROVINCIAL BOARD OF MINDORO

Habeas Corpus infavor of Manguianes in Mindoro. Alleged to have been deprived of their
FACTS rights because they are held in a reservation and is under the custody of the sheriff. The
action was in accordance with sec. 2145 of Admin Code 1917.

ISSUE WON sec. 2145 of the Admin Code 1917 is valid.

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RULING Yes. It is valid.

CASE US VS. TORIBIO

Sec. 30 and 33 of Act 1147 regulates the slaughter of carabaos. Toribio was denied of
FACTS
permit to slaughter his carabao.

ISSUE WON Act is valid.

Yes. It is valid. Prohibition of slaughtering carabaos as long as they are fit to work is
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reasonable.

CASE ILOILO ICE STORAGE COMPANY VS. MUNICIPAL COUNCIL OF ILOILO

A resolution was issued to IISC for defendants complained that the plant was emitting
FACTS
smoke that is injurious to the health.
WON council that investigated has the power to declare the plant as a nuisance as
ISSUE
operated.

RULING No. nuisances should be determined by courts.

CASE CHURCHILL VS. RAFFERTY

FACTS Act 2339 enacted to remove certain billboards that are offensive in sight.

ISSUE WON Act was valid.

RULING Yes. It is valid. Act was justified to protect Public morals.

CASE US VS. SALAVERIA

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An ordinance was enacted to prohibit playing of panguingue on not Sundays or legal

FACTS
holidays

ISSUE WON ordinance is valid.

RULING Yes. It only limits the days of playing to improve morals.

CASE PEOPLE VS. POMAR

Macaria Fajardo was not paid of her leave by reason of pregnancy. She was not paid 80
FACTS
pesos. Petitioner contends Act. 3071 is illegal. 3071 is illegal.

ISSUE WON Act was valid.

RULING No. it forces the company to pay its workers without working for it.

CASE CALALANG VS. WILLIAMS

CA 548 was enacted to promote safe transit. Regulating animal drawn vehicles to pass the
FACTS
bridge at a certain time.

ISSUE WON CA 548 is valid.

RULING Yes. It is valid since it promotes public welfare.

CASE CASE VS. BOARD OF HEALTH

FACTS Ordinance 125 was enacted and directed residents to connect to the new sewer line.

ISSUE WON ordinance is valid.

RULING Yes. Designed to protect public health.

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CASE CRUZ VS. YOUNGBERG

Act 3155 prevents introduction of cattle disease in the Ph. Which prohibits the import of
FACTS
cattles from foreign land.

ISSUE WON Act was valid.

RULING Yes. Act is justified to promote Public Health and Safety.

CASE US VS. POMPEYA

FACTS Municipal Ordinance 1 of Iloilo was enacted to have men render service patrol.

ISSUE WON MO was valid.

RULING Yes. It is justified by public welfare and safety.

CASE JAVIER VS. EARNSHAW

The permit was granted with the express condition that that it would not be sold to the
FACTS public and only to Makabayan because there is an Ordinance (No. 1985) prohibiting the
installation of gasoline stations within the distance of 500 meters from each other.

ISSUE W/N Ordinance 1985 is invalid

NO. The ordinance does not prohibit the sale of gasoline but merely regulated the sale
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of gasoline.

CASE PEOPLE VS. CHAN

In section 1 it provides that all first run theatres or cinematographs should register their
seating capacity with
FACTS
the City Treasurer, and in section 2 it prohibits the sale of tickets in said theatres or
cinematographs in excess of their registered seating capacity.
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ISSUE W/N Ordinance No. 2347 and 2188 are unconstitutional for being discriminatory

No. The said ordinances are not discriminatory thus both are constitutional since there is
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valid classification.

CASE LIQUE VS. VILLEGAS

Ordinance 4986 was enacted to reroute traffic on roads in Manila, Petitioners alleged that it
FACTS
impairs passengers vested rights to be transported directly to downtown Manila

ISSUE WON ordinance is valid.

RULING Yes. It is valid. It is justified with public order.

CASE US VS. CRUZ

Section 733 of the revised ordinance of Manila enumerates 11 classes of people deemed to
FACTS be vagrants it includes persons who act as a pimp. A cochero went with the American
soldier to find a woman.

ISSUE WON defendant acted as a pimp and should be convicted of violating the ordinance.

RULING Yes. The ordinance is justified by public morals.

CASE US VS. RODRIGUEZ

FACTS

ISSUE

RULING
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CASE US VS. PACIS

FACTS Municipal Gambling ordinance was enacted to prohibit gambling in Baguio.

ISSUE WON the municipal gambling ordinance is valid.

RULING Yes. It is justified by public order, policy and morals.

CASE PEDRO VS PROVINCIAL BOARD

Ordinance 34 in Caloocan city providing that cockpits must have not less than 1500 meter
FACTS distance from another cockpit. Petitioners cockpit “sociedad bighani” was within the 1500
radius.

ISSUE WON ordinance was valid.

Yes. The ordinance was in accordance with public interest. Public morals, public order,
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safety and general welfare.

CASE US VS. TENYU

Ordinance 152 provides that no person shall visit nor be present at any place where opium
FACTS is smoked. Defendants question the power/ authority of the Municipal board to enact the
ordinance.

ISSUE WON ordinance vaild.

RULING Yes. Municipal board has the power to legislate such law.

CASE UY HA VS. CITY MAYOR

Ordinance 3941 provides that no license for pinball games shall be granted. Petitioner
FACTS
contends pinball machine is for amusement and not for gambling.

ISSUE WON CO is valid.

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RULING Yes. It is justified for the purpose of general welfare.

CASE VELASCO VS. VILLEGAS

FACTS Ordinance 4964 prohibits operation of barbershop of massaging customers.

ISSUE WON CO is valid.

RULING Yes. General welfare assails validity and for protection of public morals.

CASE DELA CRUZ VS. JUDGE PARAS

FACTS CO 84 prohibits operation of nights clubs in Bulacan.

ISSUE WON CO is valid.

RULING No. it prohibits the operation of nights clubs.

CASE MAGTAJAS VS. PRYCE PROPERTIES

FACTS PAGCOR was to expand operation to CDO. CO 3353 was enacted to prohibit the expansion.

ISSUE WON CO is valid.

RULING No. It contravenes PD 1869 in prohibiting PAGCOR expanding its operations.

CASE PUNZALAN VS. FERRIOLS

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A CO was enacted to prevent spread of infectious animal disease. A horse worth 120 pesos
FACTS
was killed in accordance to such CO.

ISSUE WON CO was valid.

No. It deprives the owner of the horse just compensation and violated his right to property
RULING
without due process of law and equal protection of laws.

CASE PEOPLE VS. GABRIEL

FACTS CO 938 enacted to prohibit bell criers at auctions except between hours of 8am-12nn.

ISSUE WON CO was valid.

RULING Yes. It is to regulate and control public auctions within its city bounderies.

CASE SENG KEE & CO. VS. EARNSHAW

City ordinance was passed to divide manila into zones, residential and industrial. Seng kee’s
FACTS
toyo factory was included in the residential zone and therefore affected his business.

ISSUE WON ordinance was valid.

Yes. The City of Manila only applied the Admin code which gave them the power to do such
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action.

CASE TIO VS. VIDEOGRAM REGULATORY BOARD

FACTS PD 1987 enacted to regulate and supervise video industry and compels to pay 30% tax

ISSUE WON PD is valid.

RULING Yes. Tax is for a public purpose to regulate the industry.

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CASE ORTIGAS AND CO. VS CA

Contract of sale between Hermoso and petitioner was made provided that the lot be used
FACTS exclusively for residential purposes. MMDA enacted zoning ordinance that changed the
zone of the lot sold to industrial. Hermoso contends that it violated the sale.

ISSUE WON Ordinance was valid.

RULING Yes. Ordinance can be given retroactive effect and impair vested rights or contracts.

CASE SMLC EMPLOYEE’S ASSOC. VS. NLRC

RA 7431 provides that no person shall practice or offer practice or offer to practice as
FACTS
radiology technician in the PH without certificate of registration from the Board.

ISSUE WON law is valid.

RULING Yes. It is valid to regulate public order, safety, and general welfare of the people.

CASE PRC VS. DE GUZMAN

Graduates of Fatima College cheated on their PLE, these graduates contends that they
FACTS should be given licenses since they passed the exam however was charged with immoral
dishonest conduct. RA 2382 provides that an examinee must pass the exam.

ISSUE WON RA 2382 is valid.

Yes. It is valid and is justified for the protection of public health from incompetence of
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practioners.

CASE CHAVEZ VS. ROMULO

FACTS Chief of PNP implements a law to ban the carriage of firearms outside of residence.
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ISSUE WON issuance of guidelines is valid.

RULING Yes. Issuance of order is for peace and order in society.

CASE CARLOS SUPERDRUG VS DSWD

FACTS RA 9257 Senior Citizen’s act giving 20% discount on medicine.

ISSUE WON RA 9257 is valid.

Yes. It promotes health and welfare of special groups of citizens. Government can impose
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private establishments the burden of partly subsidizing a government program.

CASE SOCIAL JUSTICE SOCIETY VS. JOSE L. ATIENZA JR.

CO 8027 enacted to reclassify area from industrial to commercial directing owners of

FACTS
businesses to stop operation.

ISSUE WON CO is valid exercise of police power.

RULING Yes. And mayor is compelled to enforce the ordinance in accordance with the LGC.

CASE MMDA VS. BEL-AI VILLAGE ASSOC, INC.

MMDA wants to open Neptune street to public traffic through its regulatory and police
FACTS
power. However, BAVA refused.

ISSUE WON MMDA has power to mandate the opening of the said street to public.

No. MMDA power is limited. There is no syllable in RA 7924 that grants the MMDA police
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power.
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CASE MMDA VS. VIRON

Viron assailed the constitutionality of EO 179 giving power to MMDA to implement project
FACTS
of establishing transport system for the greater Manila area.

ISSUE WON EO 179is valid.

RULING No. President’ designation is ultra vires. DOTC should be the one designated.

CASE BAUTISTAS VS. JUINIO

LOI 869 ban the use of private vehicles with heavy and extra heavy plates on weekends in
FACTS
response to oil crisis.

ISSUE WON LOI was valid.

RULING Yes. It is an appropriate measure to a problem that needs urgent solution.

CASE SANGLANG VS. IAC

FACTS Makati Mayor directed BAVA to open Jupiter street in the subdivision for traffic purposes.

ISSUE WON Ordinance was valid.

RULING Yes. It is valid and a legitimate exercise or Police power.

CASE MINERS ASSOC. OF THE PH VS. FACTORAN

EO 211 and 279 was enacted to regulate mining., DENR issued AO 57 and 82 to implement
FACTS
the executive order.

ISSUE WON AO are valid and constitutional.

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Yes. Admin Officials has the duty to promulgate the rules and regulation in the
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implementation of the statute.

CASE RESTITUTO YNOT VS. IAC

EO 626-A prevents of movements of carabao and carabeef. Violaters to such EO will result
FACTS
to confiscation and slaughter of carabao.

ISSUE WON 626-a is valid.

RULING No. the means of implementation is oppressive.

CASE TABLARIN VS. GUTIERREZ

Petitioners failed to pass the NMAT, thus resulted to the questioning of the constitutionality
FACTS
of the Medical Act of 1959

ISSUE WON act was valid exercise of police power.

RULING Yes. It is justified with the purpose of public safety.

CASE SOCIAL JUSTICE SOCIETY VS. LIM

CO 8027 Reclassifying the land use of that portion of land bounded by the Pasig river from
FACTS
industrial to commercial.

ISSUE WON CO is valid.

RULING Yes. It is constitutional for the protection of residents to right to life.

CASE PHILIPPINE PRESS INSTITUTE VS. COMELEC

Reso 2772 directing newspapers to provide free COMELEC space of not less than ½ page for
FACTS
common use of political parties and candidates.
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ISSUE WON 2772 is valid.

RULING No. No it constitutes the taking of private property without just compensation.