Police Power Compilation
Police Power Compilation
1. Ermita-Malate Police WON an ordinance that mandates guests to fill up an Yes, the ordinance is valid. The ordinance was enacted
Hotel and Motel Power, information sheet before checking-in is valid. to minimize certain practices that are hurtful to public
Operators Assoc. public morals. The mere facts that some may be deprived of
vs. Mayor of morals their present business or mode of living cannot
Manila prevent the exercise of police power.
G.R. No. L-24693
July 31, 1967
2. City of Manila vs. Police WON an ordinance that prohibits sauna parlors, No, it is not valid. The means employed were
Judge Laguio power, massage parlors, karaoke bars, beer houses and the unreasonable and unduly oppressive. There is no
G.R. No. 118127 public like is valid. direct relation between the purpose of the police
April 12, 2005 morals measure, that is to eradicate immorality, and the
means employed for its accomplishment.
3. Inchiong vs. Police power WON R.A. 1180 or also knows as “An Act to Regulate Yes, it is a valid exercise of police power. The law does
Hernandez the Retail Business” is valid. This law prohibits aliens not violate the equal protection clause because there
101 Phil. 1155 from doing retail business in the Philippines. However, are sufficient grounds that exist for the distinction
Americans are not affected by the law. between an alien and a citizen in the exercise of the
occupation regulated. Nor does it violate the due
process of law clause because that is prospective in
operation and recognizes the privilege of aliens
already engaged in the occupation and reasonable
protects their privilege.
4. Rubi vs. Provincial Police Rubi and the other Mangyans in Mindoro were forced Yes. One cannot hold that the liberty of a citizen is
Board Power, Right to vacate their homes and were transferred into a unduly interfered with when the degree of their
39 Phil. 660 to Liberty reservation for their own protection. WON the actions civilization is considered. They are being restrained for
of the local government are valid. their own good and the general good of the citizens of
the Philippines.
5. US vs. Toribio Police power Act No. 1147 was passed and it prohibits the slaughter Yes, it is valid. The Supreme Court cited events that
G.R. No. L-5060 of large cattle fit for agricultural work or other draft happen in the Philippines like an epidemic that wiped
January 26, 1910 purposes for human consumption. WON the Act is a 70-100% of the population of carabaos. The Supreme
valid exercise of police power. Court also said that these animals are vested with
public interest for they are fundamentally used for the
production of crops. These reasons satisfy the
requisites of a valid exercise of police power
6. Iloilo Ice Storage Police A resolution was passed by the Council of Iloilo stating No, it is not valid. The ice factory of the plaintiff is not
Co. vs. Municipal power, that it will close the ice plant if it will not elevate its a nuisance per se. It is a legitimate industry, beneficial
Council of Iloilo nuisance smokestacks. The reason for the passage of the to the people, and conducive to their health and
G.R. No. L-7012 resolution was complaints of the residents residing comfort. If it be in fact a nuisance due to the manner
March 26, 1913 around the plant. WON the resolution is a valid of its operation, that question cannot determined by a
exercise of police power. mere resolution of the board. The petitioner is
entitled to a fair and impartial hearing before a
judicial tribunal.
7. Churchill vs. Police Act No. 2339 authorizes then Collector of Internal Yes. Things offensive to the senses, such as sight,
Rafferty power, Revenue to remove after due investigation, any smell or hearing, may be suppressed by the State
G.R. No. L-10572 nuisance billboard exposed to the public view if it decides that especially those situated in thickly populated districts.
December 21, 1915 it is offensive to the sight or is otherwise a nuisance. Aesthetics may be regulated by the police power of
Plaintiffs built a billboard on private land which is or the state, as long as it is justified by public interest and
may be offensive to the sight. WON Act 2339 is a valid safety.
exercise of police power.
8. US vs. Salaveria Police The municipal council of Orion, Bataan, enacted, on Yes, it is valid. More important still, the courts cannot
G.R. No. L-13678 power, February 28, 1917, an ordinance which, among other but realize that gambling, in its larger sense as well as
November 12, gambling things, prohibited the playing of panguingue on days in its restricted sense, is an act beyond the pale of
1918 not Sundays or legal holidays, and penalized the good morals, which, for the welfare of the Filipino
violation thereof by a casero by a fine of not less than people, should be exterminated. Gambling may be
P10 nor more than P200, and by jugadores by a fine restricted by the government through police power.
of not less than P5 nor more than P200. WON the
ordinance is a valid exercise of police power.
9. People vs. Pomar Police power WON the provision of section 13 Act No. 3071 is a The provision is unconstitutional. In section 13 it will
G.R. No. L-22008 reasonable and lawful exercise of the police power of be seen that no person, firm, or corporation owning
November 3, 1924 the state. Every person, firm or corporation owning or or managing a factory shop, or place of labor of any
managing a factory, shop or place of labor of any description, can make a contract with a woman
description shall be obliged to grant to any woman without incurring the obligation, whatever the
employed by it as laborer who may be pregnant, a contract of employment might be, unless he also
thirty-day vacation with pay before and another thirty promises to pay to such woman employed as a
days after confinement: Provided, That the employer laborer, who may become pregnant, her wages for
shall not discharge such laborer without just cause, thirty days before and thirty days after confinement.
under the penalty of being required to pay to her In other words, said section creates a term or
wages equivalent to the total of two months counted condition in every contract made by every person,
from the day of her discharge. firm, or corporation with any woman who may, during
the course of her employment, become pregnant, and
a failure to include in said contract the terms fixed to
a fine and imprisonment. Clearly, therefore, the law
has deprived, every person, firm, or corporation
owning or managing a factory, shop or place of labor
of any description within the Philippine Islands, of his
right to enter into contracts of employment upon such
terms as he and the employee may agree upon. The
law creates a term in every such contract, without the
consent of the parties. Such persons are, therefore,
deprived of their liberty to contract. The constitution
of the Philippine Islands guarantees to every citizen
his liberty and one of his liberties is the liberty to
contract.
10. Calalang vs. Police power The National Traffic Commission, in its resolution of Yes, it is valid. The promulgation of the Act aims to
Williams July 17, 1940, resolved to recommend to the Director promote safe transit upon and avoid obstructions on
G.R. No. 47800 of the Public Works and to the Secretary national roads in the interest and convenience of the
December 2, 1940 of Public Works and Communications that animal- public. In enacting said law, the National Assembly
drawn vehicles be prohibited from passing along the was prompted by considerations of public
following for a period of one year from the date of the convenience and welfare. It was inspired by the desire
opening of the Colgante Bridge. WON it is a valid to relieve congestion of traffic, which is a menace to
measure of police power. the public safety. Public welfare lies at the bottom of
the promulgation of the said law and the state in
order to promote the general welfare may interfere
with personal liberty, with property, and with
business and occupations.
11. US vs. Abendan Police The Chief of Sanitary Inspection, under the authority Yes, it is valid. The municipality of Cebu, as is seen
G.R. No. L-7830 power, of an ordinance, ordered Abendan to repair his house from the quotation of the general municipal law, has
January 24, 1913 public because it was in an unsanitary condition. Abendan the right to enact ordinances relating to sanitation
sanitation complied with half of the requirements while he and the public health. The ordinance as set out above
neglected to do the other. WON the ordinance was seems to us to be an enactment clearly within the
valid. purview of the statute authorizing it, and, while very
general in its terms, it contains no provision which of
itself is against the fundamental law or act of the
Legislature or is oppressive or unreasonable.
Unreasonable persons may try to apply it in an
unreasonable manner or to an unreasonable degree
or under unreasonable conditions, but in and of itself
the ordinance discloses none of the defects which
have been alleged against it.
12. Case vs. Board of Police Bureau of Health ordered Case to connect to a new Yes, it is valid and reasonable. The particular
Health power, sewer system because the sanitary conditions of the ordinance now under consideration was clearly
G.R. No. L-7595 sanitation latter’s building was terrible. The Bureau of Health is designed to preserve and protect the health, comfort,
February 4, 1913 authorized by Ordinance No. 125. WON the ordinance and convenience of the inhabitants of the thickly
is valid. populated city of Manila, and, therefore, in its scope,
falls directly under what is generally known as the
police power of the Government. This power of the
State has but few limitations when it is exercised to
secure the peace, safety, health, morals, and the best
and highest interests of the public.
13. People vs. Ventura Police power Ventura was found guilty of illegal practice of No, it is constitutional and valid. In the instant case,
G.R. No. L-15079 medicine under Section 770 in connection. Ventura we must again uphold these immutable concepts of
January 31, 1962 questions the constitutionality of Section 770 in the police power of the State. Under this power, the
relation to Section 775 of the Revised Administrative State may prescribe such regulations as in its
Code. It is appellant's theory that to require, of any judgment will secure or tend to secure the general
person whose business is merely to stimulate by welfare of the people, to protect them against the
mechanical means the nerves of the body, many years consequences of ignorance and incapacity as well as
of study in medical schools, taking up obstetrics, of deception and fraud.
general surgery, gynecology, bacteriology and many
other sciences, is curtailment of the exercise of one's
calling, a violation of the constitutional principle that
all men have the right to life, liberty, and the pursuit
of happiness and are entitled to the equal protection
of the law. WON Section 770 is unconstitutional.
14. Cruz vs. Youngberg Police power Cruz attacked the constitutionality of Act No. 3155, Yes, it is valid. As shown in paragraph 8 of the
G.R. No. L-34674 which at present prohibits the importation of cattle amended petition, the Legislature passed Act No.
October 26, 1931 from foreign countries into the Philippine Islands. 3155 to protect the cattle industry of the country and
WON Act No. 3155 is valid. to prevent the introduction of cattle diseases through
importation of foreign cattle. It is now generally
recognized that the promotion of industries affecting
the public welfare and the development of the
resources of the country are objects within the scope
of the police power.
15. People vs. Sabarre Police power WON article 1 of Ordinance No. 2, series of 1936, is It is valid. The ordinance in question makes a
G.R. No. L-45522 discriminatory, unreasonable and oppressive. It is distinction by prohibiting in its article 1 butchers and
June 20, 1938 discriminatory, according to the appellants, because it meat vendors from selling meat outside of the public
prohibits butchers and any other person from selling market and in article 2 the fishermen and fish vendors
meat in any place except the public market; and from from selling fish in the public streets of the poblacion,
that of article 2, which prohibits fishermen or any said distinction is not unreasonable because in so far
other person from selling fresh fish and other as the public health is concerned there is a great
commodities in the public streets of the poblacion, difference between meat and fish in their
thereby permitting their sale in other places. susceptibility to decay, especially where no ice is used
to preserve them. The ordinance in question,
therefore, is not unconstitutional inasmuch as the
classification is based on a substantial distinction,
which constitutes a real difference; is germane to the
purposes of the ordinance; is not confined to existing
conditions only; and applies equally to all fishermen
and fish vendors and to all butchers and meat
vendors.
16. Fabie vs. City of Police power An ordinance was passed by the City of Manila stating Yes, it is valid. The purpose and object of the
Manila that before erecting a structure, one must first secure ordinance is avowedly and manifestly to protect and
G.R. No. L-6583 a building permit from the government. WON the secure the health, lives and property of the citizens of
February 16, 1912 ordinance is valid. Manila against the ravages of fire and disease. The
provision that denies permits for the construction of
buildings within the city limits unless they "abut or
face upon a public street or alley or on a private street
or alley which has been officially approved," is in our
opinion reasonably necessary to secure the end in
view.
17. US vs. Villareal Police power Section 26 of Act No. 1780 regulates the use of deadly Yes, it is valid. There can be no question as to the
G.R. No. 9480 weapons. WON the law is valid. reasonableness of a statutory regulation prohibiting
November 13, the carrying of concealed weapons as a police
1914 measure well calculated to restrict the too frequent
resort to such weapons in moments of anger and
excitement. We do not doubt that the strict
enforcement of such a regulation would tend to
increase the security of life and limb, and to suppress
crime and lawlessness, in any community wherein the
practice of carrying concealed weapons prevails, and
this without being unduly oppressive upon the
individual owners of these weapons. It follows that its
enactment by the legislature is a proper and
legitimate exercise of the police power of the state.
18. US vs. Pompeya Police power The municipal ordinance was enacted pursuant to the Yes, it is valid. The power exercised under the
G.R. No. L-10255 provisions of Act No. 1309, the specific purpose of provisions of Act No. 1309 falls within the police
August 6, 1915 which is to require each able-bodied male resident of power of the state and that the state was fully
the municipality, between the ages of 18 and 55, as authorized and justified in conferring the same upon
well as each householder when so required by the the municipalities of the Philippine Islands and that,
president, to assist in the maintenance of peace and therefore, the provisions of the said Act are
good order in the community, as well as by giving constitutional and not in violation nor in derogation of
information of the existence of such persons in the the rights of the persons affected thereby.
locality. The amendment contains a punishment for
those who may be called upon for such service, and
who refuse to render the same. WON the ordinance is
valid.
19. Javier vs. Earnshaw Police power Ordinance No. 1985 requires the acquisition of Yes, it is a valid exercise of police power. The
G.R. No. 43634 permits before gasoline pumps may be operated in municipal board of the City of Manila, in the exercise
August 24, 1937 the City of Manila. WON the ordinance is a valid of the police power, may reasonably regulate
exercise of police pwer. professions and business enterprise within its
territorial limits when the public health, safety and
welfare so demand. Ordinance No. 1985 in question is
of this nature and, therefore, is not illegal. The
municipal board of the City of Manila, by virtue of the
police power, may reasonably regulate the use of
private property whenever such measure is required
by the public health and safety, and the welfare of its
inhabitants
20. People vs. Chan Police power On April 17, 1935 Ordinance No. 2347 was approved. Yes, it is a valid exercise of police power. To the
G.R. No. L-45435 In section 1 it provides that all first run theatres or foregoing must be added, and this is of common
June 17, 1938 cinematographs should register their seating capacity knowledge, that the films which are shown for the
with the City Treasurer, and in section 2 it prohibits first time attract a large attendance, and the theatre
the sale of tickets in said theatres or cinematographs or cinematograph, whether it is first or second class,
in excess of their registered seating capacity. WON presenting shows for the first time, would be
the ordinance is a valid exercise of police power. suffocatingly overcrowded if the number of tickets
were not limited. This is the reason for the prohibition
of the sale of tickets in excess of the seating capacity.
The prohibition applies with equal force wherever the
same reason exists, that is, to first and second class
theatres which show films for the first time.
21. Luque vs. Villegas Police power Ordinance 4986 prohibits the entry of passenger Yes, it is valid and reasonable. Vehicles have increased
G.R. No. L-22545 busses and jeepneys to Manila except on certain days in number. Traffic congestion has moved from bad to
November 28, and certain times. WON the ordinance is a valid and worse, from tolerable to critical. The number of
1969 reasonable exercise of police power. people who use the thoroughfares has multiplied. It is
because of all of these that it has become necessary
for the police power of the State to step in, not for the
benefit of the few, but for the benefit of the many.
Reasonable restrictions have to be provided for the
use of the thoroughfares.
22. US vs. Giner Cruz Police Section 733 of the Revised Ordinances of the city of Yes, it is valid. A comparison of section 733 of the
G.R. No. L-13288 power, Manila enumerates eleven classes of individuals who Revised Ordinances of the city of Manila of 1917 with
September 25, public shall be deemed to be vagrants. The section includes the corresponding section of the preceding Revised
1918 morals any person who "acts as pimp or procurer." The words Ordinances discloses that the phrase "or acts as pimp
"pimp" and "procurer," practically synonymous in or procurer" was not found in the old ordinances.
signification, are terms of opprobrium. The commonly Since the legislative body of the city of Manila has
accepted definition of the word "pimp" is "one who taken the pains to include these words in the new
provides gratification for the lust of others; a ordinances, it must have done so for a purpose, which
procurer; a panderer." WON the ordinance is a valid plainly is to put a stop to vile traffic in human flesh.
exercise of police power. Such a laudable object on the part of the Municipal
Board of the city of Manila should now be effectuated
by judicial enforcement.
23. US vs. Rodriguez Police power An ordinance was enacted that prohibits the A municipality is authorized to enact an ordinance
G.R. Nos. 13352- operation of a dance hall which has not paid its taxes providing for a license-tax for the maintenance and
13355 to the municipality. WON the ordinance is a valid operation of public dance halls and penalizing the
October 11, 1918 exercise of police power. violation of such ordinance. The Municipal Law
provides so.
24. US vs. Pacis Police power Baguio enacted an ordinance which prohibits and Yes, it is a valid exercise of police power. It will be
G.R. No. 10363 penalizes gambling. WON the ordinance is a valid seen that very extensive police powers are conferred
September 29, exercise of police power. upon the municipal council of the city of Baguio, and
1915 there can be but little ground for discussion as to
the power of the city council to adopt appropriate and
reasonable ordinances, defining, prohibiting and
penalizing gambling, under the authority of the above-
cited general welfare provisions of the Baguio
Incorporation Act, unless it appears that the
ordinance as enacted is repugnant to or inconsistent
with some general law of the Philippine Islands.
25. Pedro vs. Provincial Police power The municipal council of Caloocan enacted Ordinance Yes. Permits granted to cock-pit operators may be
Board of Rizal No. 34, providing, where only one cockpit might be impaired if the general welfare and public morals of a
G.R. No. 34163 established, cockpits might be established at a place are at stake.
September 18, distance of not less than 1,500 meters from another
1931 licensed cockpit, public schoolhouse, or any hospital
or charitable institution existing within the municipal
radius. WON the ordinance is a valid exercise of police
power.
26. US vs. Ten Yu Police power Act No. 183 states “to provide for the closing of opium Yes, it is valid. Prohibition of smoking opium and
G.R. No. 7482 joints and to prohibit the keeping or visiting of any visiting opium dens are for the public welfare and is a
December 28, 1912 place where opium is smoked or sold for the purpose legitimate exercise of police power.
of smoking." WON the act is a valid exercise of police
power.
27. Uy Ha vs. City Police City of Manila enacted Ordinance no. 3941, providing Yes, it is a valid exercise of police power. Pinball
Mayor power, among others, that "no license for the installation machines in the different forms in which they are
G.R. No. L-14149 gambling and/or operation of machines and apparatus operated are gambling devices in that the winning
May 30, 1960 commonly known as 'Pinball' machines shall be therein depends wholly upon chance or hazard. They
granted under any circumstances." WON the are inimical to the general welfare because they tend
prohibition is a valid exercise of police power. to corrupt the people especially youngsters and
schoolchildren robbing them of their money and of
their savings earned by the sweat of their brow. Their
operation should therefore be suppressed not only
because they are prohibited by law but because they
are injurious to public welfare. Being gambling devices
or contrivances the operation of which depends upon
chance, they are not only prohibited but are penalized
by Article 195 of the Revised Penal Code.
28. Velasco vs. Mayor Police power An ordinance was passed in Manila, which states that Yes, it is valid. The attack against the validity cannot
Villegas “It shall be prohibited for any operator of any barber succeed. As pointed out in the brief of respondents-
G.R. No. L-24153 shop to conduct the business of massaging customers appellees, it is a police power measure. The objectives
February 14, 1983 or other persons in any adjacent room or rooms of behind its enactment are: To be able to impose
said barber shop, or in any room or rooms within the payment of the license fee for engaging in the
same building where the barber shop is located as business of massage clinic an entirely different
long as the operator of the barber shop and the room measure than the ordinance regulating the business of
where massaging is conducted is the same person." barbershops and, (2) in order to forestall possible
WON the ordinance is a valid exercise of police power. immorality which might grow out of the construction
of separate rooms for massage of customers.
29. Dela Cruz vs. Judge Police Bocaue, Bulacan issued Ordinance No. 84 that No, Ordinance 84 is not valid. Municipalities are only
Paras G.R. No. power, prohibits the exercise of a lawful trade, the operation given the power to regulate and not prohibit. There
public of nightclubs and the pursuit of a lawful occupation, should be reasonableness consonant with the general
morals such clubs employing hostesses. The ordinance was power and purposes of municipal corporations as well
based on morality. WON the ordinance is a valid as consistency with the laws or policies of the State. It
exercise of police power. cannot be said that such a sweeping exercise of a
lawmaking power by Bocaue could qualify under the
term reasonableness.
30. Magtajas vs. Pryce Police PAGCOR leased a portion of respondent’s building to No, they are not valid because it is in conflict with a
Properties power, make a casino in Cagayan De Oro. But the local national law. Casino gambling is authorized by P.D.
G.R. No. 111097 gambling government enacted ordinances that cancelled the 1869. This decree has the status of a statute that
July 20, 1994 permits of PAGCOR and prohibited the operation of cannot be amended or nullified by a mere ordinance.
the casino. WON the ordinances are a valid exercise of Hence, the ordinances are null and void.
police power.
31. Punzalan vs. Police power Ordinances were enacted to kill animals that were Yes, it is valid. The Government of the Philippine
Ferriols infected of a disease. Plaintiff argues that he must be Islands the right to exercise the sovereign police
G.R. No. L-6016 reimbursed for the value of his animals that were power in the promotion of the "general welfare" and
March 25, 1911 killed during the implementation of the said the "public interest." The quarantine, isolation, and
ordinances. WON the ordinances are a valid exercise even the slaughter of cattle suffering from infectious
of police power. or contagious diseases are universally recognized as
typical examples of the proper exercise of this power,
in any case where the controlling public necessity for
the checking of the ravages of such disease demands
such interference with or destruction of the property
of individuals, and provided the means adopted are
reasonably necessary for the accomplishment of the
purpose which it is sought to attain.
32. US vs. Delos Santos Police A Chinese laborer was found in the Philippines Yes, it will prosper. No object was made as to
G.R. No. 10841 power, locus without the necessary documents. Argued by the complaint in the earlies possible time.
February 2, 1916 standi Chinese laborer is that an unauthorized person signed
the complaint. WON the complaint will prosper.
33. Cu-Unjieng vs. Police power Cuunjieng desired to erect a warehouse but was This should be taken into consideration in determining
Patstone through fees denied a building permit until he shall have made the reasonableness of the license fee. Herein,
G.R. No. L-16254 provision for the construction of an arcade over the imposing a fee equal to 1⁄2 of the assessed value of the
February 21, 1922 sidewalk in front of the building and until he shall portion of the sidewalk covered by the arcade, the
have further complied with Section 1 of Ordinance municipal board exceeded its powers. The
301 of the City of Manila, payment of 1⁄2 of the construction of buildings is a useful enterprise and the
assessed value of the city land. WON the ordinance is amount of the license fee should therefore be limited
a valid exercise of police power. to the cost of licensing, regulating, and surveillance.
As it does not appear such cost would materially
increase through the construction of the arcade, the
excess fee is clearly imposed for the purpose of
revenue. There is nothing in the charter of the city
indicating legislative intent to confer to the municipal
board to impose a license tax for revenue on the
construction of buildings.
Thus, the license fee prescribed is illegal.
34. People vs. Gabriel Police Sec. 749 of the Revised Ordinances of the City of Yes, it is a valid exercise of police power. It is not
43 Phil. 641 power, Manila prohibits a crier or the use of a bell or other discriminatory or class legislation, and is not
nuisance means by noise or show within certain hours and on unconstitutional. The public’s general welfare is
certain streets in the city. WON the prohibition is a favored rather than that of individuals.
valid exercise of police power.
35. Director of Lands Police power Act No. 3327, provides that in cases of default in the Yes, it is valid. There is nothing improper here,
vs. Aballas payment of the fees for the survey, the same considering that this provision is a part of the general
G.R. No. 31875 proceedings are to be followed as in default in the scheme of the law, and that the fees for the survey,
February 14, 1930 payment of taxes. Thus property may be deprived of with respect to fixing the amount thereof and the
the owner. WON the law is a valid exercise of police terms, and conditions of payment have not been left
power. to the will of the corporation of surveyors alone, but
must, according to said Act No. 3327, be submitted to
the sanction and approval of the respective municipal
council and provincial board, and endorsed through
the Director of Lands to the Governor-General,
provided the project be reasonable, and the aforesaid
details equitable. Furthermore, said Act No. 3327, in
its various provisions, surrounds the payment of said
fees with such guarantees that the public interest, and
the rights of individuals are both duly safeguarded.
36. Seng Kee vs. Police power Seng Kee & Co. manufactures toyo. But since the City Yes, it is a valid exercise of police power. The benefits
Earnshaw of Manila reclassified the land, he was denied license to be derived by cities adopting such regulations
G R No. 34976 because on a specific area in Manila is allowed to (zoning) may be summarized as follows: They attract a
October 21, 1931 manufacture toyo. These prohibitions and rezoning desirable and assure a permanent citizenship; they
are under Ordinance 1600. WON the ordinance is a foster pride in and attachment to the city; they
valid exercise of police power. promote happiness and contentment; they stabilize
the use and value of property and promote the peace,
tranquility, and good order of the city. We do not
hesitate to say that the attainment of these objects
affords a legitimate field for the exercise of the
police power. He who owns property in such a district
is not deprived of its use by such regulations. He may
use it for the purposes to which the section in which it
is located is dedicated. That he shall not be permitted
to use it to the desecration of the community
constitutes no unreasonable or permanent hardship
and results in no unjust burden.
37. Rutter vs. Esteban Police power The debt of Esteban was suspended due to the No, he may not enforce. The moratorium is a
G.R. No. L-3708 passage of the Moratorium Law after the war. WON postponement of fulfillment of obligations decreed by
May 18, 1953 Rutter may enforce the payment of the debt of the state through the medium of the courts or the
Estaban. legislature. Its essence is the application of police
power. The economic interests of the State may justify
the exercise of its continuing and dominant protective
power notwithstanding interference with contracts.
38. Morfe vs. Mutuc Police power Anti-Graft and Corrupt Practices Act of 1960 requires Yes, it is valid. It is within the State’s police power, and
G.R. No. L-20387 every public officer to submit a SALN. WON the law is is not violative of due process and liberty. It is also not
January 31, 1968 a valid exercise of police power. a violation of guarantee against unreasonable search
and seizure, and is not against the non-incrimination
clause. Furthermore, it is not an insult to the personal
integrity and official dignity of public officials.
The Anti-Graft Act of 1960 was precisely aimed at
curtailing and minimizing the opportunities for official
corruption and maintaining a standard of honesty in
the public service. It is intended to further promote
morality in public administration. A public office must
indeed be a public trust.
39. Phil. American Life Police The Auditor General Orders that are insurance policies Yes, it is valid. The constitutional guaranty of non-
Insurance vs. power, shall pay the margin fee mandated by the Margin Law impairment of obligations of contract is limited by the
Auditor General retroactive even if they were contracted prior to the Margin exercise of the police power of the State, in the
G.R. No. L-19255 effect Law’s effectivity. interest of public health, safety, morals and general
January 18, 1968 welfare." It has been said, and we believe correctly,
that "the economic interests of the State may justify
the exercise of its continuing and dominant protective
power notwithstanding interference with
contracts." It bears repetition to state at this point
that the Margin Law is part of the economic
"Stabilization Program" of the country.
40. Alalayan vs. NPC Police power Section 3, Republic Act No. 3043 states that National Yes, it is a valid exercise of police power. The
G.R. No. L-24396 Power Corporation "in any contract for the supply of constitutional guaranty of non-impairment is limited
July 29, 1968 electric power to a franchise holder," receiving at by the exercise of the police power of the State, in the
least 50% of its electric power and energy from it to interest of public health, safe, morals and general
require as a condition that such franchise holder "shall welfare.
not realize a net profit of more than twelve percent
annually of its investments plus two-month operating
expenses." WON the law is a valid exercise of police
power.
41. Maranaw Hotel vs. Illegal A room attendant of the Century Park Sheraton Hotel, No, he should not be dismissed. Petitioner's theory
NLRC Dismissal operated by Maranaw Hotel and Resort Corporation, that Damalerio was caught committing qualified theft
G.R. No. 123880 was seen by hotel guest Jamie Glaser (Glaser) with left in flagrante delicto is anemic of evidentiary support.
February 23, 1999 hand inside the latter's suitcase. Confronted with Records disclose petitioner's failure to substantiate
what he was doing, Damalerio explained that he was such imputation against him. During the investigation
trying to tidy up the room. The room attendant was presided over by the Labor Arbiter, Damalerio
not dismissed and rather ordered to be reinstated by narrated a plausible and satisfactory explanation for
the NLRC. WON he should be dismissed. his behavior complained of. According to him, he was
then cleaning the hotel room of Glaser, and while in
the process of placing inside the luggage the personal
belongings of Glaser scattered near the bed, the latter
entered the room. Glaser did not bother to testify as
all his things were intact.
42. Quezon City vs. Police Quezon City enacted an ordinance that requires at No, it is not a valid exercise of police power. The
Ericta Power, least 6% of the land of cemeteries be set aside for ordinance is not a mere police power regulation but
G.R. No. L-34915 limitations charity burial of the poor people residing in the city. an outright confiscation. The ordinance deprives a
June 24, 1983 WON the ordinance is valid exercise of police power. person of his private property without due process of
law and just compensation.
43. PH Press Institute Police power Respondent Comelec promulgated Resolution No. No, it is not valid. The Supreme Court declared the
vs. COMELEC 2772 directing newspapers to provide free Comelec Resolution as unconstitutional. It held that to compel
G.R. No. 119694 space of not less than one-half page for the common print media companies to donate “Comelec space”
May 22, 1995 use of political parties and candidates. The Comelec amounts to “taking” of private personal property
space shall be allocated by the Commission, free of without payment of the just compensation required in
charge, among all candidates to enable them to make expropriation cases. Moreover, the element of
known their qualifications, their stand on public Issue necessity for the taking has not been established by
and their platforms of government. The Comelec respondent Comelec, considering that the
space shall also be used by the Commission for newspapers were not unwilling to sell advertising
dissemination of vital election information. WON the space. The taking of private property for public use is
resolution is a valid exercise of police power. authorized by the constitution, but not without
payment of just compensation. Also Resolution No.
2772 does not constitute a valid exercise of the police
power of the state. In the case at bench, there is no
showing of existence of a national emergency to take
private property of newspaper or magazine
publishers.
44. Stone vs. Police A law in Mississippi created the Mississippi Yes. Lottery is viewed as a vice that threatened the
Mississippi power, Agricultural, Educational, and Manufacturing Aid public health and morals. The contracts protected in
101 U.S. 814 public Society. The Society was chartered to run a lottery for the Constitution are property rights, not
1879 gambling 25 years. A ratified constitution took place which governmental rights. Therefore, the right that is given
prohibits lotteries. WON the banning of the lottery to the charter is revocable.
was valid.
45. Lutz vs. Araneta Police power Due to a crisis from the Tydings-McDuffe Act the sugar Yes, the law is valid. CA No. 567 is a valid taxing power
98 Phil. 145 through industry is in peril. Commonwealth Act No. 567 or also which is used in the implementation of police power.
Dec. 22, 1955 taxes known as the Sugar Adjustment Act was passed in Since the sugar industry is one of the most important
1940. The law provides that it will increase the income generating industries in the country, its
existing taxes on the manufacture of sugar. The promotion, protection and advancement redounds
additional tax being levied is for the aid and support greatly to the general welfare.
of the sugar industry exclusively.
WON the law is valid.
46. Tio vs. Videogram Police Power P.D. 1994 amended the National Internal Revenue Yes, it is valid. The levy of additional taxes is for public
G.R. No. L-75697 through Code on Nov. 5, 1985. Amendment caused an increase welfare. It was imposed primarily to answer the need
June 18, 1987 taxes of tax on video tapes. The imposition of a tax increase for regulating the video tape industry.
was due to the decline of the movie industry. WON
the law is valid.
47. Gaston vs. RPB Police power P.D. 388 created a stabilization fund from the sugar Yes. The stabilization fees collected were in the nature
G.R. No. L-77194 through proceeds from 1978-79. The law imposed a one-peso of a tax. It was levied with a regulatory purpose to
March 15, 1988 taxes tax on the proceeds in those years. The fund was for provide means for the stabilization of the sugar
the rehabilitation of the sugar industry. industry. The levy is primarily in the exercise of the
WON the tax imposed was valid. police power of the State.
48. Osmeña vs. Orbos Police power P.D. 1956 was created as a special account in the Yes, it is a valid exercise of police power. The OPSF is
G.R. No. 99886 through general fund, designated as the Oil Price Stabilization well within the pervasive and non-waivable power
March 31, 1993 taxes Fund (OPSF). The OPSF was designed to reimburse oil and responsibility of the government to secure the
companies for cost increases in crude oil and physical and well-being of the community, that
imported petroleum products resulting from sovereign authority we designate as the police power
exchange rate adjustments and increases in the world of the state.
market prices. WON the creation of a special fund is
valid.
49. Association of Police power Two parcels of land that were previously given to It is an exercise of eminent domain. To the extent that
Small Landowners through tenants, are subject to the taking of the government the measures under challenge merely prescribe
vs. Secretary of eminent for agrarian reform. WON the taking of the properties retention limits for landowners, there is an exercise of
Agrarian Reform domain is a valid exercise of police power or eminent domain. the police power for the regulation of private property
G.R. No. 78742 in accordance with the Constitution. But where, to
July 14, 1989 carry out such regulation, it becomes necessary to
deprive such owners of whatever lands they may own
in excess of the maximum area allowed, there is
definitely a taking under the power of eminent
domain for which payment of just compensation is
imperative.
50. Ortigas vs. CA Police In 1976 Ortigas and Co. sold a parcel of land to Emilia Yes. Non-impairment of contracts or vested rights
G.R. No. 126102 power, non- Hermoso located in Greenhills Subd., San Juan, clauses will have to yield to the superior and
Dec. 4, 2000 impairment Manila. There is a condition that the land shall only be legitimate exercise by the state of police power to
clause used as residential lots only. In 1981, MMDA enacted promote the health, morals, peace and general
an ordinance reclassifying the location of the land as a welfare.
commercial area. Then, Ismael Mathay leased the
property and erected a commercial building. Also, police power has a retroactive effect.
Petitioner wanted to demolish the building for
violating the contract. WON the non-impairment of
contracts yield to the police power.
51. PNB vs. Office of Police Respondents were buyers on installment of Yes, it will retroact. Police power regulations have
the President power, subdivision lots from Marikina Village, Inc. The retroactive effects. Despite the impairment clause, a
G.R. No. 104258 retroactive subdivision owner mortgaged the lots to PNB without contract valid at the time of its execution may be
Jan. 18, 1996 effect the knowledge of the buyers. When the owner legally modified or even completely invalidated by a
defaulted, PNB foreclosed the lots and became the subsequent law. If the law is a proper exercise of the
owner. But the respondents state that they are police power, it will prevail over the contract.
protected by The Subdivision and Condominium
Buyers' Protective Decree or P.D. 957 but it was
enacted after the mortgaging. WON P.D. 957 will
retroact.
52. St. Luke Medical Police power Congress passed and enacted Republic Act No. 7431 Yes, it is valid and reasonable. While the right of
Center Employees known as the “Radiologic Technology Act of 1992.” workers to security of tenure is guaranteed by the
vs. NLRC Said law requires that no person shall practice or offer Constitution, its exercise may be reasonably regulated
G.R. No. 162053 to practice as a radiology and/or x-ray technologist in pursuant to the police power of the State to safeguard
March 7, 2007 the Philippines without having obtained the proper health, morals, peace, education, order, safety, and
certificate of registration from the Board of Radiologic the general welfare of the people.
Technology. WON the law is a valid exercise of police
power and is reasonable.
53. PRC vs. De Guzman Police Students of Fatima College of Medicine were Yes. It is long established that a license to practice
G.R. No. 144681 power, questioned because of the extra high scores they got medicine is a privilege granted by the government. It
June 21, 2004 public safety during their board exams. The PRC withheld their is true that every citizen has a constitutional right to
registration as physicians. WON the PRC has the select a profession that is subject to a fair, reasonable
power to prohibit the students from registering as and equitable admission and academic requirements.
physicians. WON the PRC has the power to prohibit But like all rights and freedoms, their exercise may be
the students from registering as physicians. so regulated pursuant to the police power of the
state.
54. Chavez vs. Romulo Police power PNP issued the “Guideline in the Implementation of No. A license authorizing a person to enjoy a certain
G.R. No. 157036 vs. right to the Ban on the Carrying of Firearms Outside of privilege is neither a property or a property right. The
June 9, 2004 carry Residence” which limits the carrying of firearms. It carrying of firearms is a mere privilege which may be
firearms also suspends that issuance of Permits to Carry regulated by the state.
Firearms outside of residence. Is the carrying of arms
a vested property right?
55. Southeast Police When the People’s Small-scale Mining Act was Yes, it may be revoked by the State. The permit is only
Mindanao power, enacted, the DENR declared that 729 hectares of a a privilege granted which may be amended, modified
Goldmining vs. permits certain forest be opened to small-scale mining. or rescinded when the national interest so requires.
Balite Respondent received from another company an This is necessarily so since the exploration,
G.R. No. 135190 exploration permit. But DENR issued a memo that it development and utilization of the country’s natural
April 3, 2002 will have direct control of the area respondent is mineral resources are matters impressed with great
operating. May the DENR revoke the exploration public interest.
permit?
56. MMDA vs. Garin Police The issue of the case is the validity of Section 5(f) of No. MMDA is not a local government unit or a public
G.R. No. 130230 power, Republic Act No. 7924 creating the Metropolitan corporation endowed with legislative power, thus, in
April 15, 2005 whom Manila Development Authority (MMDA), which the absence of an ordinance from a city its action is
vested authorizes it to confiscate and suspend or revoke invalid.
driver's licenses in the enforcement of traffic laws and
regulations. Can the MMDA confiscate licenses?
57. Carlos Superdrug Police The question in hand is the validity of the Expanded Yes, it is a valid exercise of police power. When
vs. DSWD power, Senior Citizen Act of 2003 because it is the conditions demand as determined by the legislature,
G.R. no. 166494 property establishments that shoulder the discounts of the property rights must bow to the primacy of police
June 29, 2007 rights senior citizens. WON the law is valid. power because property rights, though sheltered by
due process, must yield to the general welfare.
58. Surigao Del Norte Police power The Energy Regulatory Commission adjusted the rate Yes, it is a valid exercise of police power. The
vs. ERC charges of Surigao del Norte Electric Coop. WON the regulation of rates to be charged by public utilities is
G.R. No. 183626 reduction of the rates is a valid exercise of police founded upon the police powers of the State and
October 4, 2010 power. statutes prescribing rules for the control and
regulation of public utilities are a valid exercise
thereof. When private property is used for a public
purpose and is affected with public interest, it ceases
to be juris privati only and becomes subject to
regulation. The regulation is to promote the common
good. Submission to regulation may be withdrawn by
the owner by discontinuing use; but as long as use of
the property is continued, the same is subject to
public regulation.
59. Camarines Norte Police The CANORE-CO was having internal issues and No, they are not valid. Police power is lodge primarily
Electric Coop. power, problems which led to its incapability to provide to the legislature. It may be delegated to the
(CANORE-CO) vs. whom electricity. President Aquino made and Ad Hoc executive branch and local governments. In the case
Torres vested Committee in order to solve the problem by replacing at bar, the existing laws on cooperatives do not give
G.R. No. 127249 the Board of Directors with the people from the Ad the President power to interfere with their internal
February 27, 1998 Hoc Committee. WON the actions of the President are actions.
valid.
60. Buklod Ng Police A parcel of land with 303 hectares is a converted No, it is not covered. When the land was converted to
Mambubukid vs. power, residential area with an approved subdivision plan. a residential area, the local government unit exercised
Ramos whom When CARP was implemented, the DAR contested its police power. Hence, it cannot be revoked by the
G.R. No. 131481 vested that the land is covered by the said program. WON CARP because , in its exercise of police power through
March 10, 2011 the land in question is covered by the CARP. the enactment of the 1981 Comprehensive Zoning
Ordinance, itself abided by the general rule and
included in the very same ordinance an express
commitment to honor rights that had already vested
under previous ordinances, rules, and regulations.
61. Gancayco vs. City Police MMDA alleges that by virtue of MMDA Resolution No. No, it is not vested. MMDA’s argument does not hold
G.R. No. 177807 power, 02-28, Series of 2002, it is empowered to demolish water. There was no valid delegation of powers to the
October 11, 2011 whom Justice Gancayco’s property. It insists that the Metro MMDA. Contrary to the claim of the MMDA, the City
vested Manila Council authorized the MMDA and the local Government of Quezon City washed its hands off the
government units to clear the sidewalks, streets, acts of the former. In its Answer, the city government
avenues, alleys, bridges, parks and other public places stated that "the demolition was undertaken by the
in Metro Manila of all illegal structures and MMDA only, without the participation and/or consent
obstructions. It further alleges that it demolished the of Quezon City." Therefore, the MMDA acted on its
property pursuant to the Building Code in relation to own and should be held solely liable for the
Ordinance No. 2904 as amended. WON MMDA has destruction of the portion of Justice Gancayco’s
the power to do so. building.
62. United BF Police An ordinance of the SB of Parañaque City reclassified Yes, it a valid exercise of police power. The
Homeowners vs. power, non- two major thoroughfares at BF Homes from constitutional guarantee of non-impairment of
City Mayor impairment residential to commercial. It was questioned by the contracts is limited by the exercise of the police power
G.R. No. 141010 clause homeowners as unconstitutional because it amounted of the State, in the interest of public health, safety,
February 7, 2007 to impairment of contracts between the developer morals and general welfare. The contractual
and the lot buyers. They contended that when they restrictions on the use of property could not prevail
bought their lots, the owner/developer promised that over the reasonable exercise of police power through
the lot shall be for residential purposes. WON the zoning regulations. While the non-impairment of
ordinance is a valid exercise of police power. contracts is constitutionally guaranteed, the rule is not
absolute, since it has to be reconciled with the
legitimate exercise of police power
63. Social Justice Police Manila enacted an ordinance converting Pandacan The power of municipal corporations to divide their
Society vs. Atienza power, and Sta. Ana areas from industrial to commercial. The territory into industrial, commercial and residential
G.R. No. 156052 whom oil companies in the area complained because their oil zones is recognized in almost all jurisdictions
February 13, 2008 vested terminals will be forced to close down due to the inasmuch as it is derived from the police power itself
conversion and thus they will incur business losses. and is exercised for the protection and benefit of their
WON the ordinance is valid? inhabitants. There can be no doubt that the City of
Manila has the power to divide its territory into
residential and industrial zones, and to prescribe that
offensive and unwholesome trades and occupations
are to be established exclusively in the latter zone.
64. MMDA vs. Bel-Air Police MMDA wanted to open for public use a private road No, MMDA does not have police power nor legislative
Village power, located in the Bel-Air Village. power. MMDA is a development authority created for
G.R. No. 135962 whom WON the MMDA has the power to do so. the purpose of laying down policies and coordinating
March 27, 2000 vested with the various national government agencies,
people's organizations, non-governmental
organizations and the private sector, which may
enforce, but not enact, ordinances.
65. Fransisco vs. Police Petitioner wanted the MMDA to stop implementing Yes, it has the power to implement. All cities and
Fernando power, its “wet flag scheme”. The wet flag scheme is the municipalities within MMDA’s jurisdiction except
G.R. No. 166501 whom enforcement of anti-jaywalking ordinances and Valenzuela have each enacted anti-jaywalking
November 16, vested enactments. Does the MMDA have the power to ordinances or traffic management codes with
2006 implement the scheme? provisions for pedestrian regulation. Where there is a
traffic law or regulation validly enacted by the
legislature or those agencies to whom legislative
powers have been delegated, MMDA is not precluded
– and in fact is duty-bound.
66. MMDA vs. Viron Police Due to traffic, MMDA ordered the closure of No. What has been delegated cannot be delegated
Transportation Inc. power, provincial bus terminals along EDSA and major anymore. The President overstepped the limits of the
G.R. No. 170656 whom thoroughfares of Manila. President Arroyo issued E.O. authority conferred by law, rendering E.O. 179 ultra
August 15, 2007 vested 179 that orders MMDA to alleviate traffic across vires.
Metro Manila. Is the MMDA allowed to do so?
67. Taxicab Operators Police Respondent issued a memorandum which mandate Yes, it is valid. The safety and comfort of the riding
vs. Boards of power, the phasing out and replacement of old and public from the danger posed by old and dilapidated
Transportation limitations dilapidated taxis. WON the mandate is valid. taxis greater than the property rights of taxi owners.
G.R. No. L-59234
September 30,
1982
68. Velasco vs. Villegas Police In their own behalf and in representation of the other Yes, it is a valid exercise of police power. The attack
G.R. No. L-24153 power, owners of barbershops in the City of Manila, against the validity cannot succeed. As pointed out in
February 14, 1983 limitations petitioners challenge the constitutionality based on the brief of respondents-appellees, it is a police power
Ordinance No. 4964 of the City of Manila, which measure. The objectives behind its enactment are: (1)
prohibited the business of massaging customers of a To be able to impose payment of the license fee for
barber shop. They contend that it amounts to a engaging in the business of massage clinic under the
deprivation of property of their means of livelihood ordinance, an entirely different measure than the
without due process of law. WON the ordinance is a ordinance regulating the business of barbershops and,
valid exercise of police power. (2) in order to forestall possible immorality which
might grow out of the construction of separate rooms
for massage of customers.
69. Bautista vs. Junio Police LOI 869 was enacted in 1979. It prohibits certain Yes, it is valid. It is undeniable that the action taken is
G.R. No. L-50908 power, vehicles from use during certain hours of a day or days an appropriate response to a problem that presses
January 31, 1984 limitations of a week. Its purpose is to conserve energy due to urgently for solution. It may not be the only
the crisis during that time. WON this number coding alternative, but its reasonableness is immediately
scheme is valid. apparent. Thus, to repeat, substantive due process,
which is the epitome of reasonableness and fair play,
is not ignored, much less infringed.
70. Sangalang vs. Police The Mayor of Makati directed Bel-Air Village Yes, the actions of the mayor are police power in
Intermediate power, Association (BAVA) to opening of several streets to nature. The non-impairment clause yields to the
Appellate Court limitations the general public, after a series of developments in police power of the state. The property rights of
G.R. No. 71169 zoning regulations. All but Jupiter St. was voluntarily individuals must give way to the compelling interest of
December 22, 1988 opened. The strong opposition later gave way when general welfare.
the municipal officials force-opened the gates of said
street for public use. The area ceased to be purely
residential. Action for damages was brought against
Ayala Corporation and BAVA for alleged breach of
contract, to maintain the purely residential status of
the area. WON the Mayor of Makati has the power to
do so.
71. Lim vs. Pacquing Police Presidential Decree No. 771 was issued by then Yes, it is a valid law. It cannot be argued that the
G.R. No. 115044 power, President Marcos. The decree, entitled “Revoking All control and regulation of gambling do not promote
January 27, 1995 limitations Powers and Authority of Local Government(s) To public morals and welfare. Gambling is essentially
Grant Franchise, License or Permit and Regulate antagonistic and self-reliance. It breeds indolence and
Wagers or Betting by The Public On Horse and Dog erodes the value of good, honest and hard work. It is,
Races, Jai-Alai or Basque Pelota, and Other Forms of as very aptly stated by PD No. 771, a vice and a social
Gambling”. A gambling company tried to operate but ill which government must minimize (if not eradicate)
was prohibited from doing so because the local in pursuit of social and economic development.
government has no power to grand franchises any
more. WON PD 771 is a valid law because it almost
prohibits all forms of gambling.
72. Miners Association Police Factoran issued orders that limited, modified and Yes, they are valid. In the exercise of its police power,
of the Philippines power, restricted existing mining agreements of mining the State may not be precluded by the constitutional
vs. Hon. Factoran limitations companies with the government. WON the orders are restriction of the non-impairment clause.
(Sec. of a valid exercise of police power.
Environment and The exploration, development, and utilization of the
National country’s natural resources are matters vital to the
Resources) public’s interest and the general welfare of the
G.R. No. 98332 people.
January 16, 1995
73. Pollution Police Petitioner ordered a cease and desist order over Yes, for it is a valid exercise of police power. The
Adjudication Board power, respondent. Petitioner reasoned that under PD relevant pollution control statute and implementing
vs. CA and Solar limitations No.984 Section 7(a), the Board has the legal authority regulations were enacted and promulgated in the
Textile Finishing to issue ex parte orders to suspend the operations of exercise of that pervasive, sovereign power to protect
Corp. an establishment when there is prima facie evidence the safety, health, and general welfare and comfort of
G.R. No. 93891 that such establishment is discharging effluents or the public, as well as the protection of plant and
March 11, 1991 wastewater, the pollution level of which exceeds the animal life, commonly designated as the police power.
maximum permissible standards set by the National
Pollution Control Commission.
WON petitioner has the power to do so.
74. Ynot vs. Police President Marcos has given orders prohibiting the No, it did not comply with the second requirement.
Intermediate power, interprovincial movement of carabaos and the There is no doubt that by banning the slaughter of
Appellate Court limitations slaughtering of carabaos until they are seven years these animals except where they are at least seven
G.R. No. 74457 old. years old if male and eleven years old if female upon
March 20, 1987 Is the EO a valid exercise of police power? issuance of the necessary permit, the executive order
will be conserving those still fit for farm work or
breeding and preventing their improvident depletion.
75. Tablarin vs. Police Petitioners wanted to go into med school but they did No, it is not meritorious. NMAT is a valid form of
Gutierrez power, not pass the NMAT. They now seek to remove NMAT police power. The power to regulate and control the
G.R. No. 78164 limitations as a condition to enter into med school. WON their practice of medicine includes the power to regulate
July 31, 1987 petition has merit. admission to the ranks of those authorized to practice
medicine, is also well recognized. Thus, legislation and
administrative regulations requiring those who wish
to practice medicine first to take and pass medical
board examinations have long ago been recognized as
valid exercises of governmental power.
76. Balacuit vs. CFI of Police The City of Butan passed an ordinance that reduces No, it not a valid exercise of police power. Ordinance
Agusan Del Norte power, the ticket price of children between 7 and 12 years old No. 640 clearly invades the personal and property
G.R. No. L-38429 limitations when they watch any movie or other public rights of petitioners for even if We could assume that,
June 30, 1988 exhibitions, games, contests, or other performances. on its face, the interference was reasonable, from the
WON the ordinance is valid. foregoing considerations, it has been fully shown that
it is an unwarranted and unlawful curtailment of the
property and personal rights of citizens. For being
unreasonable and an undue restraint of trade, it
cannot, under the guise of exercising police power, be
upheld as valid.
77. JMM Production Police The government has restricted the deployment of Yes, it is a valid exercise of police power. Pursuant to
and Management power, female entertainers that were going to Japan because the alarming number of reports that a significant
Inc. vs. CA limitations of the death of a Filipina entertainer there. WON the number of Filipina performing artists ended up as
G.R. No. 120095 restriction is a valid exercise of police power. prostitutes abroad (many of whom were beaten,
August 5, 1996 drugged and forced into prostitution), and following
the deaths of number of these women, the
government began instituting measures aimed at
deploying only those individuals who met set
standards which would qualify them as legitimate
performing artists.
78. City Government Police Quezon City enacted an ordinance that requires at No, it is not a valid exercise of police power. The
of Quezon City vs. power, least 6% of the land of cemeteries be set aside for ordinance is not a mere police power regulation but
Ericta limitations charity burial of the poor people residing in the city. an outright confiscation. The ordinance deprives a
G.R. No. L-34915 WON the ordinance is valid exercise of police power. person of his private property without due process of
June 24, 1983 law and just compensation.
79. Lucena Grand Police The City of Lucena enacted an ordinance that had No because it did not comply with the second
Central Terminal power, prohibited all buses, mini-buses and out of town requisite. The first requisite is satisfied because the
vs. JAC Liner limitations jeepneys from entering the city. Thus, making the questioned ordinances having been enacted with the
G.R. No. 148339 vehicles drop their passengers in a terminal which is objective of relieving traffic congestion in the City of
February 23, 2005 outside the city. WON the ordinance is valid. Lucena, they involve public interest warranting the
interference of the State.
As to second requisite of police power which is the
means employed are necessary is not satisfied with.
The ordinances assailed herein are characterized by
over breadth. They go beyond what is reasonably
necessary to solve the traffic problem.
80. Cabrera vs. Lapid Police Petitioner has a lease agreement with the municipality Yes, it is a valid exercise of police power. Since the
G.R. No. 129098 power, over a tract of land for the purpose of making fishponds were a nuisance to the river, the State has
December 6, 2006 limitations fishponds. A month later, petitioner learned from the right to destroy it in order to let the river flow.
newspaper reports of the impending demolition of Property rights must yield to the compelling interest
her fishpond as it was purportedly illegal and blocked of the public. The non-impairment of contracts must
the flow of the Pasak River. WON the demolition of yield to the state’s police power.
the fishponds is valid.
81. Villacorta vs. Police The Mun. Board of Dagupan enacted an ordinance No, it is not a valid exercise of police power. The
Bernardo power, that mandates that before a subdivision plan is made, ordinance does not involve in a public interest matter.
G.R. No. L-31249 limitations it must have the approval or verification of the The means employed are unnecessary because the
August 19, 1986 municipality so that the plan will not encroach any ordinance is in conflict with an existing national law.
portion of the public domain. The municipality will
charge a fee for every square meter of land that will
be part of the subdivision. WON the ordinance is
valid.
82. Solicitor General Police MMDA created an ordinance which gives it the power No, MMDA does not possess the power to do so. At
vs. MMDA power, to detach plate numbers of illegally parked cars and any rate, the fact is that there is no statutory authority
G.R. No. 102782 limitations tow and impound them. WON MMDA has the power for — and indeed there is a statutory prohibition
December 11, 1991 to do so. against — the imposition of such penalties in the
Metropolitan Manila area. Hence, regardless of their
merits, they cannot be imposed by the challenged
enactments by virtue only of the delegated legislative
powers.
83. Pasong Bayabas Police Lakeview Development Corporation (LDC) bought a Yes, the power to convert agricultural lands to
Farmers vs. CA power, parcel of Land which was later passed on to their residential lands has already been delegated to Local
G.R. No. 142359 limitations successor Credito Asiatic, Inc. (CIA). The CIA Government Units. Through the Local Government
May 25, 2004 developed their property as a residential area. Then Code.
the Province of Cavite converted the area into an
industrial area. WON the conversion is valid.
84. Legaspi vs. City of Police On January 27, 1997 the Sangguniang Panlungsod of Yes, it is valid. The police power granted to local
Cebu power, the City of Cebu enacted Ordinance No. 1664 to government units must always be exercised with
G.R. No. 159110 Limitations authorize the traffic enforcers of Cebu City to utmost observance of the rights of the people to due
December 10, 2013 immobilize any motor vehicle violating the parking process and equal protection of the law. Judged
restrictions and prohibitions defined in the Traffic according to the foregoing enunciation of the
Code of Cebu City. WON the ordinance is valid. guaranty of due process of law, the contentions of the
petitioners cannot be sustained. Even under strict
scrutiny review, Ordinance No. 1664 met the
substantive tests of validity and constitutionality by its
conformity with the limitations under the Constitution
and the statutes, as well as with the requirements of
fairness and reason, and its consistency with public
policy.
85. Social Justice Police Manila enacted an ordinance converting Pandacan Yes, it is valid. There can be no doubt that the City of
Society vs. Lim power, and Sta. Ana areas from industrial to commercial. The Manila has the power to divide its territory into
G.R. No. 187836 limitations oil companies in the area complained because their oil residential and industrial zones, and to prescribe that
November 25, terminals will be forced to close down due to the offensive and unwholesome trades and occupations
2014 conversion and thus they will incur business losses. are to be established exclusively in the latter zone.
WON the ordinance is valid? The ordinance was enacted “for the purpose of
promoting sound urban planning, ensuring health,
public safety and general welfare" of the residents of
Manila.