1e cost of necessary
to include the expense of issuing a license and the cost of
‘here are thre dase of ioseamhich ae recogni, hey
A sO ieee for the regulation oF restriction of
ful occupations or businesses, and (c) Licenses for revenue
ae yr businesses
ans for usefl and nonssefal occupation or busines
a fr > the police power and the accepted rule is to the fect
; at is conferred to regulate and to ae ices mee
eee ower and the
origins ro th
thatthe power
includes the right to fix the amount dena
ron-uefl eccapations are also based onthe police power and the
epaciona fee ay be uted by th ower to izense and role
aa in the fixing of the amount of the license fee, m eat
vrowevatons are allowed «wider Intude. Consequently, icense
weer ethich are inthe nature of privilege taxes have been Up
in the case of the sale of liquors.
ET AL.,
CITY COUNCIL OF CEBU CITY v. CUIZON, ETC., BT Al
1-28972, OCT. 81, 1972 ae
PACTS: ‘The seven plaintiffs, majority members of the City
Council of Cebu City, filed an action against Carlos Cuizon, Mason
of Cebu City; Jesus Zabate, Acting Cebu Cy Treasurer; the PNB
or are. pcb 8, 1800, between Caan in behalf ofthe city, and
Maple Commercial Co, for the purchase of road construction
rarpment rm the letter fr 86,7670 ona fveseardfered
Dae annulled because the contract was ent ;
eet eieaear wal of the City Council
essary authority and appro
Tntnermore, the City Treasurer hed not cortifed to the City Mayor
ts ratte by See 697 ofthe Revised Adminitrative Code that the
fis had boon appropriated forthe purpose; and that the City
Treasurer did not certify the availability of funds for the purp :
he lower court, however, ruled thaton the basis of Art, roo of
thay are not the real parties in interest.
30
Pe ee eee
HELD: The ruling of the lower court is erroneous since the
complaint of the plaintiffs is not a personal suit but a representative
{uit by the city councilors on behalf and for the benefit of the City of
Cebu and as taxpayers,
‘The lower court's interpretation
‘empowered to sue for the city is unte!
Would be the last person to file such
the legality of his act.
‘The suit is like a derival
Stockholder on behalf of a co:
that only the City Mayor is
nable because here, the Mayor
suit since he himself maintains
tive suit or a representative suit of a
poration,
GASCON, ET AL, v. ARROYO, ETC., ET AL,
OCT. 16, 1989
BE
Commis
» G.R. NO. 78389,
TS: Following the 1986 EDSA Revolution, the Philippine
on on Good Government (PCGG) sequestered the Lopes
family’s ‘TV stations, Channels 2 and 4, and the Office of Media
Affairs took over its operation. The Lopes. family, through counsel,
requested the Aquino Government for the return of TV Channels 3
und 4. The PCGG approved the return of TV Channel 2 to the
[opexes. As regards TV Channel 4, respondent executive secretary
by authority of the President and representing the Government,
entered into an “Agreement to Arbitrate” with ABS-CBN.
represented by its president, Eugenio Lopez, Jr., pursuant to which
an arbitration committee was created
Petitioners, as taxpayers, filed a petition for certiorari and
injunction, seeking to annul and set aside said agreement,
HELD: As to whether or
personality or standin
that in sev:
not petitioners have the legal
g to file the instant petition, the Court ruled
‘eral cases, the right of a taxpayer to fil
uestioning the validity or constitutionalit
been recognized, on the theory that the expenditure of publie funds
py an officer of the Government for the purpose of administering or
implementing an unconstitutional or invalid law, constitutes «
misapplication of such funds.
le an action
ty of a statute or law has
The present case, however, is not an action to question the
constitutionality or validity of a statute or law. It is an action to.
annul and set aside the “Agreement to Arbitrate,” which, as between
the parties, is contractual in character. Petitioners have not ahewn
that they have a legal interest in TV Station Channel 4 and thet
they will be adversely affected if and when the said television station
31