POLITICAL LAW REVIEW DIGESTS: L
3The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as well as cooperative fish farming, with priority to subsistence fishermen and fish- workers in rivers, lakes, bays, and lagoons.The President may enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oilsaccording to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country. In such agreements, the State shall promote the development and use of localscientific and technical resources.The President shall notify the Congress of every contract entered into in accordance with this provision, within thirty days from its execution.
AMENDMENT TO THE CONSTITUTION
. 1, A
Any amendment to, or revision of, this Constitution may be proposed by:(1)The Congress, upon a vote of three-fourths of all its Members; or (2)A constitutional convention.
. 2, A
Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district must berepresented by at least three per centum of the registered voters therein. No amendment under this Sec. shall be authorized within five years following the ratification of this Constitution nor oftener than once every five yearsthereafter.The Congress shall provide for the implementation of the exercise of this right.
LEGISLATIVE PROCESS: REQUIREMENTS AS TO TITLES OF BILLS
. 26(1), A
Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.
Petitioners – operators, hostesses, hospitality girls and dancers of night clubs, cabarets anddance halls
Respondents – Mayor, Vice-Mayor and Municipal Council of Bocaue
Ordinance 84 of Bocaue, Bulacan:
Prohibits the issuance and renewal of permits of operators of night clubs, cabaretsor dance halls nor to professional hostess, hospitality girls and professional dancer for employment in any of the aforementioned establishments within the municipality.
Revokes the licenses of these establishments and those of the professionalhostesses, hospitality girls and professional dancers upon expiration of the 30 dayperiod
Penalizes such violations by 3 mos. imprisonment or a P 200 fine.
2 cases for prohibition with preliminary injunction were filed in the CFI Bulacan based on theff. grounds:
No authority to prohibit a lawful business, occupation or calling
Violative of the right to due process and the equal protection of the law, as thelicense previously given to petitioners was in effect withdrawn without judicial hearing
PD 189 has transferred to the Department of Tourism the power to license andregulate tourist-oriented businesses including night club
The Municipal Council is authorized not only to regulate but to prohibit theestablishment, maintenance and operation of night clubs under Sec. 2243 of the RAC,CA 601, RAs 938, 978 and 1224.
Ordinance No. 84 is not violative of the right to due process and the equal protection of the law, since property rights are subordinate to public interests
PD 189 did not deprive Municipal Councils of their jurisdiction to regulate or prohibitnight clubs
The hospitality girls are not allowed to engage in immoral acts and to go out withcustomers
These hospitality girls are made to go through periodic medical check-ups and not oneof them is suffering from any venereal disease
The crime rate there is better than in other parts of Bocaue or in other towns of Bulacan
– Declared Ordinance 84 as CONSTITUTIONAL in the name of police power under the GeneralWelfare Clause of the LGC.
Whether Ordinance 84 is constitutional? NORA 938: AN ACT GRANTING MUNICIPAL OR CITY BOARDS AND COUNCILS THE POWER TO REGULATE THEESTABLISHMENT, MAINTENANCE AND OPERATION OF CERTAIN PLACES OF AMUSEMENT WITHIN THEIRRESPECTIVE TERRITORIAL JURISDICTIONS.
The municipal council hinges its power to prohibit under RA 938. Sec. 1 thereof gives the municipal or city board or council of each chartered city the power to regulate by ordinance the establishment, maintenance and operation of nightclubs, cabarets, dancing schools, pavilions, cockpits, bars, saloons, bowling alleys, billiard pools, and other similar placesof amusement within its territorial jurisdiction. Subsequently, it was amended to include the power to prohibit, but the titleremained the same. Since the Constitution mandates every bill to embrace only one subject which shall be expressed inthe title. Since there is no dispute as the title limits the power to regulating, not prohibiting, it would result in the statutebeing invalid if, as was done by the Municipality of Bocaue, the operation of a night club was prohibited. Since theamendment wasn’t expressed in the title thereof, it cannot be given effect. Also, in relation to the other pertinent laws, theallowed LGUs to merely regulate the mode in which it may conduct business in order precisely to put an end to practiceswhich could encourage vice and immorality. What was involved is a measure not embraced within the regulatory power but an exercise of an assumed power to prohibit.
GENERAL WELFARE CLAUSE
1.One branch attaches itself to the main trunk of municipal authority, and relates to such ordinances andregulations as may be necessary to carry into effect and discharge the powers and duties conferred upon themunicipal council by law. With this class we are not here directly concerned.2.The second branch of the clause is much more independent of the specific functions of the council which areenumerated by law. It authorizes such ordinances as shall seem necessary and proper to provide for the healthand safety, promote the prosperity, improve the morals, peace, good order, comfort, and convenience of themunicipality and the inhabitants thereof, and for the protection of property therein.It is a general rule that ordinances passed by virtue of the implied power found in the general welfare clause must bereasonable, consonant with the general powers and purposes of the corporation, and not inconsistent with the lawsor policy of the State.
TEST OF VALIDITY
If night clubs were merely then regulated and not prohibited, certainly the assailed ordinance would pass the test of validity. The following are the proper tests for validity: reasonableness, consonant with the general powers and purposesof municipal corporations, as well as consistency with the laws or policy of the State. The objective of fostering publicmorals, a worthy and desirable end can be attained by a measure that does not encompass too wide a field. Certainly theordinance on its face is characterized by overbreadth. The purpose sought to be achieved could have been attained byreasonable restrictions rather than by an absolute prohibition.
BALANE, BERNARDINO, GALVAN, LEYNES, VALDEZ
Unauthorized distribution & non-submission shall merit expulsion.