1. Ynot vs IAC, 148 SCRA 659 FACTS: 8 In 1980 President Marcos amended Executive Order No. 626-A which orders that no carabao and carabeef shall be transported from one province to another; such violation shall be subject to confiscation and forfeiture by the government, to be distributed to charitable institutions and other similar institutions as the Chairman of the National Meat Inspection Commission may see fit for the carabeef and to deserving farmers through dispersal as the Director of Animal Industry may see fit in the case of the carabaos. On January 13, 1984, Petitioner’s 6 carabaos were confiscated by the police station commander of Barotac Nuevo, Iloilo for having been transported from Masbate to Iloilo in violation of EO 626-A. He issued a writ for replevin, challenging the constitutionality of said EO. The trial court sustained the confiscation of the animals and declined to rule on the validity of the law on the ground that it lacked authority to do so. Its decision was affirmed by the IAC. Hence, this petition for review filed by Petitioner. ISSUE: Whether or not police power is properly enforced HELD: NO. The protection of the general welfare is the particular function of the police power which both restraints and is restrained by due process. The police power is simply defined as the power inherent in the State to regulate liberty and property for the promotion of the general welfare. As long as the activity or the property has some relevance to the public welfare, its regulation under the police power is not only proper but necessary. In the case at bar, E.O. 626-A has the same lawful subject as the original executive order (E.O. 626 as cited in Toribio case) but NOT the same lawful method. The reasonable connection between the means employed and the purpose sought to be achieved by the questioned measure is missing. The challenged measure is an invalid exercise of the police power because the method employed to conserve the carabaos is not reasonably necessary to the purpose of the law and, worse, is unduly oppressive. 2. Beltran vs. sec. of Health, GR 133640, Nov 25, 2005 Same; Same; Same; Police Power; Requisites; The promotion of public health is a fundamental obligation of the State— the health of the people is a primordial governmental concern; In serving the interest of the public, and to give meaning to the purpose of the law, the Legislature deemed it necessary to phase out commercial blood banks—this action may seriously affect the owners and operators, as well as the employees, of commercial blood banks but their interests must give way to serve a higher end for the interest of the public.—The promotion of public health is a fundamental obligation of the State. The health of the people is a primordial governmental concern. Basically, the National Blood Services Act was enacted in the exercise of the State’s police power in order to promote and preserve public health and safety. Police power of the state is validly exercised if (a) the interest of the public generally, as distinguished from those of a particular class, requires the interference of the State; and, (b) the means employed are reasonably necessary to the attainment of the objective sought to be accomplished and not unduly oppressive upon individuals. In the earlier discussion, the Court has mentioned of the avowed policy of the law for the protection of public health by ensuring an adequate supply of safe blood in the country through voluntary blood donation. Attaining this objective requires the interference of the State given the disturbing condition of the Philippine blood banking system. In serving the interest of the public, and to give meaning to the purpose of the law, the Legislature deemed it necessary to phase out commercial blood banks. This action may seriously affect the owners and operators, as well as the employees, of commercial blood banks but their interests must give way to serve a higher end for the interest of the public. FACTS Republic Act No. 7719 or the National Blood Services Act of 1994 was enacted into law on April 2, 1994. The Act seeks to provide an adequate supply of safe blood by promoting voluntary blood donation and by regulating blood banks in the country. This act took effect on August 23, 1994. AO No. 9, Series of 1995, constituting the IRR of said law was promulgated by respondent DOH Secretary, Section 7 of R.A. 7719 provides Phase-out of Commercial Blood Banks – All commercial blood banks shall be phased-out over a period of two (2) years after the effectivity of this Act, extendable to a maximum period of two (2) years by the Secretary. Section 23 of Administrative Order No. 9 provides Process of Phasing Out. — The Department shall effect the phasing-out of all commercial blood banks over a period of two (2) years, extendible for a maximum period of two (2) years after the effectivity of R.A. 7719. The decision to extend shall be based on the result of a careful study and review of the blood supply and demand and public safety. Hence, petitioners were granted by the Secretary of Health their licenses to open and operate a blood bank only until May 27, 1998. BUT prior to the expiration of the licenses granted to petitioners, they filed a petition for certiorari with application for the issuance of a writ of preliminary injunction or temporary restraining order, assailing the constitutionality and validity of the aforementioned Act and its Implementing Rules and Regulations. ISSUE: Whether the law is a valid exercise of police power. HELD: Yes. It is a valid exercise of Police Power. The Court has mentioned of the avowed policy of the law for the protection of public health by ensuring an adequate supply of safe blood in the country through voluntary blood donation. Attaining this objective requires the interference of the State given the disturbing condition of the Philippine blood banking system. In serving the interest of the public, and to give meaning to the purpose of the law, the Legislature deemed it necessary to phase out commercial blood banks. This action may seriously affect the owners and operators, as well as the employees, of commercial blood bank but their interests must give way to serve a higher end for the interest of the public. POLICE POWER REQUISITES The promotion of public health is a fundamental obligation of the State. The health of the people is a primordial governmental concern. Basically, the National Blood Services Act was enacted in the exercise of the State’s police power in order to promote and preserve public health and safety. Police power of the state is validly exercised if: Lawful subject - the interest of the public generally, as distinguished from those of a particular class, requires the interference of the State; and, Lawful means- the means employed are reasonably necessary to the attainment of the objective sought to be accomplished and not unduly oppressive upon individuals. 3. Phil. Assoc. of Service Exporters, Inc. v. Drilon, No. L-81958, June 30, 1988, 163 S 386 FACTS Philippine Association of Service Exporters, Inc. (PASEI, for short), a firm "engaged principally in the recruitment of Filipino workers, male and female, for overseas placement,"1 challenges the Constitutional validity of Department Order No. 1, Series of 1988, of the Department of Labor and Employment, in the character of "GUIDELINES GOVERNING THE TEMPORARY SUSPENSION OF DEPLOYMENT OF FILIPINO DOMESTIC AND HOUSEHOLD WORKERS,” specifically, the measure is assailed for "discrimination against males or females;” that it "does not apply to all Filipino workers but only to domestic helpers and females with similar skills;" and that it is violative of the right to travel. In submitting the validity of the challenged "guidelines," the Solicitor General invokes the police power of the Philippine State. ISSUE: WON the Department Order 1 is valid under the Constitution – YES The concept of police power is well-established in this jurisdiction. It has been defined as the "state authority to enact legislation that may interfere with personal liberty or property in order to promote the general welfare." As defined, it consists of (1) an imposition of restraint upon liberty or property, (2) in order to foster the common good. It is not capable of an exact definition but has been, purposely, veiled in general terms to underscore its all-comprehensive embrace. The police power of the State ... is a power coextensive with self-protection, and it is not inaptly termed the 'law of overwhelming necessity.' It may be said to be that inherent and plenary power in the State which enables it to prohibit all things hurtful to the comfort, safety, and welfare of society. Notwithstanding its extensive sweep, police power is not without its own limitations. For all its awesome consequences, it may not be exercised arbitrarily or unreasonably. Otherwise, and in that event, it defeats the purpose for which it is exercised, that is, to advance the public good. Thus, when the power is used to further private interests at the expense of the citizenry, there is a clear misuse of the power. However, as a general rule, official acts enjoy a presumed validity. In the absence of clear and convincing evidence to the contrary, the presumption logically stands. The petitioner has shown no satisfactory reason why the contested measure should be nullified. There is no question that Department Order No. 1 applies only to "female contract workers," but it does not thereby make an undue discrimination between the sexes. It is well-settled that "equality before the law" under the Constitution does not import a perfect identity of rights among all men and women. It admits of classifications, provided that (1) such classifications rest on substantial distinctions; (2) they are germane to the purposes of the law; (3) they are not confined to existing conditions; and (4) they apply equally to all members of the same class. The Court is satisfied that the classification made—the preference for female workers—rests on substantial distinctions. As a matter of judicial notice, the Court is well aware of the unhappy plight that has befallen our female labor force abroad, especially domestic servants, amid exploitative working conditions marked by, in not a few cases, physical and personal abuse. The same, however, cannot be said of our male workers. In the first place, there is no evidence that, except perhaps for isolated instances, our men abroad have been afflicted with an identical predicament. What the Court is saying is that it was largely a matter of evidence (that women domestic workers are being ill-treated abroad in massive instances) and not upon some fanciful or arbitrary yardstick that the Government acted in this case. There is likewise no doubt that such a classification is germane to the purpose behind the measure. Unquestionably, it is the avowed objective of Department Order No. 1 to "enhance the protection for Filipino female overseas workers. 4. PRC vs De Guzman, GR No. 144681, June 21, 2004 FACTS: After the Professional Regulations Commission (PRC) released the names of successful examinees in the Medical Licensure Examination, the Board of Medicine observed that the grades of the 79 Fatima College of Medicine successful examinees were unusually and exceptionally high in the two (2) most difficult subjects of the exam, i.e., Biochemistry and Obstetrics and Gynecology. The Board then issued Resolution No. 19 withholding the registration as physicians of all the examinees from Fatima College of Medicine. As noted by PRC's statistician consultant, Fr. Nebres of ADMU, compared with other examinees from other schools, the results of those from Fatima were not only incredibly high but unusually clustered close to each other. The NBI Investigation concluded that the Fatima examinees gained early access to the test questions. On July 5, 1993, the respondents-examinees filed a petition for mandamus before the RTC of Manila to compel the PRC to give them their licenses to practice medicine. Meanwhile on July 21, 1993, the Board of Medicine issued Resolution No. 21 charging the respondents of immorality, dishonest conduct, fraud and deceit and recommended that the test results of the Fatima Examinees be nullified. RTC of Manila promulgated its decision ordering the PRC to allow the respondents to take the physician’s oath and to register them as physicians. The same was appealed by the PRC to the CA which sustained the RTC decision. Hence, this petition. ISSUE: Whether rights and freedoms guaranteed by the Charter, their exercise may be so regulated pursuant to the police power of the State RULING: YES. It is true that this Court has upheld the constitutional right of every citizen to select a profession or course of study subject to a fair, reasonable, and equitable admission and academic requirements. But like all rights and freedoms guaranteed by the Charter, their exercise may be so regulated pursuant to the police power of the State to safeguard health, morals, peace, education, order, safety, and general welfare of the people. Thus, persons who desire to engage in the learned professions requiring scientific or technical knowledge may be required to take an examination as a prerequisite to engaging in their chosen careers. This regulation takes particular pertinence in the field of medicine, to protect the public from the potentially deadly effects of incompetence and ignorance among those who would practice medicine. 5. MMDA vs Bel-Air Village Ass. GR No. 135962, March 27, 2000 FACTS The petitioner - Metropolitan Manila Development Authority (MMDA), is a Government Agency tasked with the delivery of basic services in Metro Manila. The respondent - Bel-Air Village Association (BAVA), is non-stock, non-profit corporation whose members are homeowners in Bel-Air Village, a private subdivision in Makati City. Respodent received a letter of request from the petitioner to open Neptune Street of Bel-Air Village for the use of the public. The said opening of Neptune Street will be for the safe and convenient movement of persons and to regulate the flow of traffic in Makati City. This was pursuant to MMDA law or Republic Act No. 7924. On the same day, the respondent was apprised that the perimeter wall separating the subdivision and Kalayaan Avenue would be demolished. The respondent filed a preliminary injunction and temporary restraining order against the MMDA to stop the opening of the said street and the demolition of the wall. Respondent claimed that the MMDA had no authority to do so and the lower court decided in favor of the Respondent. Petitioner appealed the decision of the lower courts and claimed that it has the authority to open Neptune Street to public traffic because it is an agent of the State that can practice police power in the delivery of basic services in Metro Manila. On January 2, 1996, respondent instituted against petitioner before the Regional Trial Court, Branch 136, Makati City, Civil Case No. 96-001 for injunction. Respondent prayed for the issuance of a temporary restraining order and preliminary injunction enjoining the opening of Neptune Street and prohibiting the demolition of the perimeter wall. The trial court issued a temporary restraining order the following day. ISSUE: Whether or not the MMDA has the mandate to open Neptune Street to public traffic pursuant to its regulatory and police powers. RULING: The Court held that the MMDA does not have the capacity to exercise police power. Police power is primarily lodged in the National Legislature. However, police power may be delegated to government units. Petitioner herein is a development authority and not a political government unit. Therefore, the MMDA cannot exercise police power because it cannot be delegated to them. It is not a legislative unit of the government. Republic Act No. 7924 does not empower the MMDA to enact ordinances, approve resolutions and appropriate funds for the general welfare of the inhabitants of Manila. There is no syllable in the said act that grants MMDA police power. It is an agency created for the purpose of laying down policies and coordinating with various national government agencies, people's organizations, non-governmental organizations and the private sector for the efficient and expeditious delivery of basic services in the vast metropolitan area. 6. Binay vs Domingo, GR 92389, Sept 11, 1991 FACTS Petitioner Municipality of Makati, through its Council, approved Resolution No. 60 which extends P500 burial assistance to bereaved families whose gross family income does not exceed P2,000.00 a month. The funds are to be taken out of the unappropriated available funds in the municipal treasury. The Metro Manila Commission approved the resolution. Thereafter, the municipal secretary certified a disbursement of P400,000.00 for the implementation of the program. However, the Commission on Audit disapproved said resolution and the disbursement of funds for the implementation thereof for the following reasons: (1) the resolution has no connection to alleged public safety, general welfare, safety, etc. of the inhabitants of Makati; (2) government funds must be disbursed for public purposes only; and, (3) it violates the equal protection clause since it will only benefit a few individuals. ISSUE: Whether Resolution No. 60 is a valid exercise of the police power under the general welfare clause. RULING: 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 and "Salus populi est suprema lex. Its fundamental purpose is securing the general welfare, comfort and convenience of the people. Police power is inherent in the state but not in municipal corporations. Before a municipal corporation may exercise such power, there must be a valid delegation of such power by the legislature which is the repository of the inherent powers of the State. Municipal governments exercise this power under the general welfare clause. Pursuant thereto they are clothed with authority to "enact such ordinances and issue such regulations as may be necessary to carry out and discharge the responsibilities conferred upon it by law, and such as shall be necessary and proper to provide for the health, safety, comfort and convenience, maintain peace and order, improve public morals, promote the prosperity and general welfare of the municipality and the inhabitants thereof, and insure the protection of property therein. 7. City of Manila vs Judge Laguio, GR 118127, April 12, 2005 FACTS: Private respondent Malate Tourist Development Corporation (MTDC) is a corporation engaged in the business of operating hotels, motels, hostels and lodging houses. It built and opened Victoria Court in Malate which was licensed as a motel although duly accredited with the Department of Tourism as a hotel. On 28 June 1993, MTDC filed a Petition for Declaratory Relief with Prayer for a Writ of Preliminary Injunction and/or Temporary Restraining Order (RTC Petition) with the lower court impleading as defendants, herein petitioners City of Manila, Hon. Alfredo S. Lim (Lim), Hon. Joselito L. Atienza, and the members of the City Council of Manila (City Council). MTDC prayed that the Ordinance, insofar as it includes motels and inns as among its prohibited establishments, be declared invalid and unconstitutional. Enacted by the City Council and approved by petitioner City Mayor, the said Ordinance is entitled– AN ORDINANCE PROHIBITING THE ESTABLISHMENT OR OPERATION OF BUSINESSES PROVIDING CERTAIN FORMS OF AMUSEMENT, ENTERTAINMENT, SERVICES AND FACILITIES IN THE ERMITA-MALATE AREA, PRESCRIBING PENALTIES FOR VIOLATION THEREOF, AND FOR OTHER PURPOSES. Judge Laguio rendered the assailed Decision (in favor of respondent). It basically prohibited establishments such as bars, karaoke bars, motels and hotels from operating in the Malate District which was notoriously viewed as a red light district harboring thrill seekers. Malate Tourist Development Corporation avers that the ordinance is invalid as it includes hotels and motels in the enumeration of places offering amusement or entertainment. MTDC reiterates that they do not market such nor do they use women as tools for entertainment. MTDC also avers that under the LGC, LGUs can only regulate motels but cannot prohibit their operation. The City reiterates that the Ordinance is a valid exercise of Police Power as provided as well in the LGC. The City likewise emphasized that the purpose of the law is to promote morality in the City. On 11 January 1995, petitioners filed the present Petition, alleging that the following errors were committed by the lower court in its ruling: (1) It erred in concluding that the subject ordinance is ultra vires, or otherwise, unfair, unreasonable and oppressive exercise of police power; (2) It erred in holding that the questioned Ordinance contravenes P.D. 499 which allows operators of all kinds of commercial establishments, except those specified therein; and (3) It erred in declaring the Ordinance void and unconstitutional. ISSUE: Whether the lower court erred in concluding that the subject ordinance is ultra vires, or otherwise, unfair, unreasonable and oppressive exercise of police power? RULING: NO. It is indeed ultra vires. (beyond the powers) The Ordinance is in contravention of the Code (Sec 458) as the latter merely empowers local government units to regulate, and not prohibit, the establishments enumerated in Section 1 thereof. With respect to cafes, restaurants, beerhouses, hotels, motels, inns, pension houses, lodging houses, and other similar establishments, the only power of the City Council to legislate relative thereto is to regulate them to promote the general welfare. The Code still withholds from cities the power to suppress and prohibit altogether the establishment, operation and maintenance of such establishments. The word "regulate," as used in subsection (l), section 2444 of the Administrative Code, means and includes the power to control, to govern, and to restrain; but "regulate" should not be construed as synonymous with "suppress" or "prohibit." Consequently, under the power to regulate laundries, the municipal authorities could make proper police regulations as to the mode in which the employment or business shall be exercised. 8. White light corp. vs City of Manila (GR 122846, 20 Jan 20 2009) Facts: On December 3, 1992, City Mayor Alfredo S. Lim signed into law Manila City Ordinance No. 7774 entitled “An Ordinance Prohibiting Short-Time Admission, Short-Time Admission Rates, and Wash-Up Rate Schemes in Hotels, Motels, Inns, Lodging Houses, Pension Houses, and Similar Establishments in the City of Manila” (the Ordinance).” -The ordinance penalizes any person or corporation who will allow the admission and charging of room rates for less than 12 hours or the renting of rooms more than twice a day. -The petitioners White Light Corporation (WLC), Titanium Corporation (TC), and Sta. Mesa Tourist and Development Corporation (STDC), who own and operate several hotels and motels in Metro Manila, filed a motion to intervene and to admit attached complaint-in-intervention on the ground that the ordinance will affect their business interests as operators. The respondents, in turn, alleged that the ordinance is a legitimate exercise of police power. -RTC declared Ordinance No. 7774 null and void as it “strikes at the personal liberty of the individual guaranteed and jealously guarded by the Constitution.” Reference was made to the provisions of the Constitution encouraging private enterprises and the incentive to needed investment, as well as the right to operate economic enterprises. The Court of Appeals reversed the RTC’s decision and affirmed the constitutionality of the ordinance of the ordinance on the grounds that it is a valid exercise of police power for it did not violate the right to privacy and freedom of movement as it only penalizes the owners or operators of the establishments that admit individuals for short time stay. Also, pursuant to Section 458 (4)(iv) of the Local Government Code which confers on cities the power to regulate the establishment, operation and maintenance of cafes, restaurants, beerhouses, hotels, motels, inns, pension houses, lodging houses and other similar establishments, including tourist guides and transports. Issue: Whether Ordinance No. 7774 is a valid exercise of police power of the State Held: No. Ordinance No. 7774 cannot be considered as a valid exercise of police power, and as such, it is unconstitutional. The ordinance in this case prohibits two specific and distinct business practices, namely wash rate admissions and renting out a room more than twice a day. The ban is evidently sought to be rooted in the police power as conferred on local government units by the Local Government Code through such implements as the general welfare clause. Police power is based upon the concept of necessity of the State and its corresponding right to protect itself and its people. Police power has been used as justification for numerous and varied actions by the State. The apparent goal of the ordinance is to minimize if not eliminate the use of the covered establishments for illicit sex, prostitution, drug use and alike. These goals, by themselves, are unimpeachable and certainly fall within the ambit of the police power of the State. Yet the desirability of these ends do not sanctify any and all means for their achievement. Those means must align with the Constitution. 9. City of Manila vs Judge Laguio, GR 118127, April 12, 2005 10. Acebedo optical vs CA, GR No. 100152, March 31, 2000 11. ABS-CBN vs PMSI, GR 175769-70, Jan 19, 2009 12. City Gov’t of QC vs Ericta, 122 SCRA 759 13. DOH & FDA vs. Philip Morris Phils., Manufacturing, Inc. G.R. No. 202943, March 25, 2015, 14. OSG vs Ayala Land Inc., G.R. No. 177056, September 18, 2009 15. City of Manila vs Melba Tan, Sept. 21, 2011, G.R. No. 169263 16. 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Manapat vs CA, GR 110478, Oct 15, 2007 30. Republic vs Judge Gingoyon, GR 116429, Dec 19, 2005 31. NPC vs Lucman Ibrahim, GR 168732, June 29, 2007 32. Republic vs Sarabia, GR 157847, Aug 25, 2005 33. Francia, Jr. vs. Municipality of Meycauaya, G.R. No. 170432, March 24, 2008 34. Manila Electric Co. vs Pineda, G.R. No. L-59791 February 13, 1992 35. Estate of JBL Reyes vs City of Manila, GR No. 132431, Feb 13, 2004 36. Lagcao vs Judge Labra, GR 1554761, Oct 13, 2004 37. Metropolitan Cebu Water vs J. King & Sons, GR 175983, April 16, 2009 38. Republic vs Lim, Gr 161656, June 29, 2005 39. Manila International Airport Authority v. City of Pasay, et al, GR No 163072, April 2, 2009 40. Tolentino vs Secretary of Finance, GR No. 115455, Aug. 25, 1994 41. Gerochi vs. Dept. of Energy, GR No. 159796, July 17, 2007 42. Batangas City, et al vs Pilipinas Shell, G.R. No. 187631, July 8, 2015 43. City Govt of Quezon City, et al vs Bayan Com., GR 162015, March 6, 2006 44. 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