CONSTITUTIONAL LAW 2_DIGEST_03

BINAY vs DOMINGO, G.R. NO. 92389, September 11, 1991

FACTS:
The Burial Assistance Program (Resolution No. 60 assisting those who only earn less than
P2,000/month of burial assistance in the amount of P500.00) made by Makati Mayor Jejomar Binay, in
the exercise of the police power granted to him by the municipal charter, was referred to the
Commission on Audit after the municipal secretary certified the disbursement of Php 400.00 for its
implementation was disallowed by said commission of such disbursements because there cannot be
seen any perceptible connection or relation between the objective sought to be attained and the alleged
public safety, general welfare, etc. of its inhabitants.
ISSUE: WON Resolution No. 60 of the Municipality of Makati is a valid exercise of police power under
the general welfare clause.
HELD:
Resolution No. 60 of the Municipality of Makati is a valid exercise of police power under the general
welfare clause. 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 (use your property so as not to impair others) and Salus populi est suprema lex (the welfare of
the people is the supreme law). Its fundamental purpose is securing the general welfare, comfort and
convenience of the people. Police power is the power to prescribe regulations to promote the health,
morals, peace, education, good order or safety and general welfare of the people. It is the most
essential, insistent, and illimitable of powers. In a sense it is the greatest and most powerful attribute of
the government. It is elastic and must be responsive to various social conditions. The care for the poor is
generally recognized as a public duty. The support for the poor has long been an accepted exercise of
police power in the promotion of the common good.