CONSTI-2 SLC-LAW

SDIGEST 23: DELA CRUZ VS PARAS

TOPIC: Police Power

G.R. No. 93891 March 11, 1991

PETITIONER: Vicente De La Cruz et al

RESPONDENTS: The Honorable Edgardo L. Paras et al

FACTS:
The municipality of Bocaue, Bulacan enacted Ordinance No. 84 which prohibits the exercise of the operation of
night clubs, and the pursuit such clubs employing hostesses.

Two cases for prohibition with preliminary injunction were filed with the Court of First Instance of Bulaca the
ordinance being null and void as a municipality has no authority to prohibit a lawful business, occupation or calling, that
said ordinance is violative of the petitioners' right to due process and the equal protection of the law, as the license
previously given to petitioners was in effect withdrawn without judicial hearing and that the power to license and regulate
tourist-oriented businesses including night clubs, has been transferred to the Department of Tourism.

The municipality of Bocaue Bulacan relied on police power to uphold the constitutionality of the assailed
ordinance

ISSUE:
 Whether or not Bocaue Bulacan has the power to prohibit the establishment, maintenance and operation of night
clubs

HELD:

The Court ruled that the reliance on the police power is insufficient to justify the enactment of the assailed
ordinance. It must be declared null and void.

Police power is granted to municipal corporations in general terms as follows: "General power of council to enact
ordinances and make regulations. It is a general rule that ordinances passed by virtue of the implied power found in the
general welfare clause must be reasonable, consonant with the general powers and purposes of the corporation, and not
inconsistent with the laws or policy of the State.

The Court stressed reasonableness, consonant with the general powers and purposes of municipal corporations,
as well as consistency with the laws or policy of the State. It cannot be said that such a sweeping exercise of a lawmaking
power by Bocaue could qualify under the term reasonable.

Certainly the ordinance on its face is characterized by overbreadth. The purpose sought to be achieved could
have been attained by reasonable restrictions rather than by an absolute prohibition.

Page 1 of 1 © BALITON