a ‘CONSTITUTIONAL LAW Limitations: though inberent and indispensable, to fundamen cal pers he Sate oe ot metrics Ae SUPE goverment of nied powers even these os hay nl be excrsed trary wo the pein ae sil of kighte The presmpton in ibertarian soci thsi in fvor ef pevate rights and gaint ata On {HS fan of te State fo interfre with them. “Conti {Toad provisions forthe security of persons ad property ees iberlly construed Heo, the exrei of ed ptmiamentl powers le eubet tall ince to the TRastatons and equemonts ofthe Constttion and may qeoper cass be annulled by Ue corto aie. Boyd y US, HEU 616. Chapter 5 ‘THE POLICE POWER Definition and Seope PROFESSOR FREUND describes the police power at “the power of promoting the public welfare by restraining ‘As thus defined, the police poser easily outpac 1e other two inherent powers at instruments of late in interfering with private rights, The power of nent domain affect not all ofthe people directly but ly those whose property is needed for conversion to blic use. The power of taxation, while imposed on ist of the people directly, demands only part of their ioney as their contribution to the upkeep of govern- . Both those powers involve only property rights, contrast, the police power regulates not only the nperty bul, more importantly, the fiberty of private ons, and virtually all the peoplewTt i in this sense ‘The police power is:considered the most pervasive, and the fost:demanding ofthe threo Police power hes been properly characterized as ‘usbressential, insistent-and the least limitable of ‘extending’ as it dows “tovall-the- great» public i Pic Powe Chis, 1900, 85 ied,yy ‘CONSTITUTIONAL LAW “news” It may be exercised as long asthe activity or the property sought to be regulated has some relevance to The publie welfare, One might say, if commonplace is permitted, tat it operates from the womb to the tomb, Protecting the person even before he is born and pre Eoning strictures and requirements es to the disposi {on of his body, and his estate, if any, when he dies. In between, practically everything he does or owns comes under the police power, as when he studies, reaches ‘adulthood, marries, haa children, practices @ profession, “Requires properties, builds a house, engages in business, ners into contracts, travels abroad, runs for public ‘fice, ete, How he dresses, whore he may cross a atrect, ton he may start to drive, what views he may validly Txprose-all these and a myriad of other activities and Dropertiew ofthe member of society are within the ambit Prthe police power. The reach is virtually limitless, The person's acts and acquisitions are hemmed in by the Police power. The justifeation is found in the ancient [atin maxims, Salus populi est suprema lex and Sie tore tu ut alienum non Zaedas, which call for the sub- ‘ordination of individual benefit to the interests of the greater number. ‘Owing to the need to protect society from the ino dinate assertion of individual Liberty, it has been held that the police power ‘may not be bargained away hough the medium of contract or even a treaty. The {Impairment clause must yield to the police power whe fever the contract deals with a subject affecting the pul Tic welfare, Such contract suffors a congenital infin imity, to wit, its susceptibility to subsequent amendment a alte Hotel an etl Operator Anita, ‘ey Mapu af Man, Gi, Ne 1/2468, sly 1, 496, 20 SCRA a. ‘THE POLICE POWER 7 by the State inthe exercise ofthe pot Ia othe existing egal oer omer rl pervs ha ci i aaa cnsideraonw chi which they claimed allowed them to ell oe ape eo nes ce ley argued it did not apply to them because their fran: Af whl csi not be paired wit offece fo the jolding in part as follows: ranahpea imran ts Sse etic er ny to {het yb mad they do teh ape ony fautace drneariaccetes Ini an rte hyo ise amar chr posers Thee» Bari ii Bo 34 NH Ast, 608, 68,2 Le ‘etal prwer is coatinating iis asanoee Bie crete carmen Aehent i orpaniaed with row to thr preston td Tp est tea the powers pov tens Fo tapes the et bi Sheri aleve tad ie dees peop setae econ ce Finis.ee ‘CONSTITUTIONAL LA none Ty tr th Sb a rel cma Gy buon 20 ree soul amet my bing rt poplin ed gato, Moa tegen oO Se dco by We hanes or re, mh rm he cmt ee, aa “hem i enna Hee a ore dar dein yon here ies hey carry wt he ld ae ‘inde te Poo i ereray ets ae ely te gmc any come ot soe isp gol al enn wl ewe ie one Khanna rcs grant rita fe esa © Pee Sr He hay ng ec ig net ihe ent er ame rte ed ie Saeed ye reren yo ote sat aa et nn vn tae > 12st crea eal the rit io son ‘ies by those a ‘The rule is the same even in Uhe case of a treaty ‘Thus, in Iehong vs. Hernandez the petitioner sought enjoin the enforcement of the Retail Trade Nationaliz ties Law on the ground, among others, that it was in ‘consiatont seth the treaty of amity between the Philip fines and China, the United Nations Charter and the Daiversal Declaration of Human Rights. The Supreme (Court saw no confit, “But even supposing that the IW {nfringes upon the said treaty,” it continued, “the treaty Jralways subject to qualifeation or amendment by # ‘Spuvacont law (U.S, ¥. Thompson, 258 Fed. 257, 200) find the same may never curtail or restrict the scope of ‘THE POLICE POWER 89 the police power of the State (Palston v. Pennsylvania, 58 Le. 639)" Tt must be noted though that, in Bayan Muna e. Romulo, the Supreme Court, in distinguishing betseen A treaty and an executive agreement, stated — ‘As hae been bserved by US cowttatonsl seal, teat hat eet ang” chan anexeeatve eareement be roe itr enmitonal feacy fe een dub treat ha in he ry whe Penh Set ope tied treaty une an, exes agent, Inher precedes oer ay pro statry enact Moreover, in Deutsche Bank AG Manila Branch v. missioner of Internal Revenue, the Cour, citing the lier case of Taviada v. Angara,’ further’ made the lowing pronouncement — Ate a ae red val nein tins 2a nosy omar linen f th cgntone der {ike Th, lawe ad facanes ast eure Sn he rls Hints unr ix eats are mora othe pare nid fiero. The BIR mrt not impose wdltnal repre Mot wl at ant of rs ped rs 1» Court rejected in said ease the denial of the Lrative claim for a refund by the Bureau of In- Revenue on the ground of the petitioner's non- snce with the procedure preserbed in its Revenue «dum Order (RMO) No, 1-2000. Thus nt st be rene that three nahng in RMO No, “thick wou indicate a epson of entement to 3 Tal tai fr ret comply wich Ue 1Say ered, ip, 15068, rabruary 1, 2011, 641 SCRA 24, ‘No trai, Aue 1,201, FUSCA 6 Pa bu, 10), 21 SCA(CONSTITUTIONAL LAW {We neve the le intention fhe BIR in inplementing WSO Seo, hatte CTA tight nal ots tet Fa De rio tty comp me the perder Tarim nony wih he sje of the etrcting sate bo ra tae Senet nt der tx teats seeped ented orm exports Bens in iad the rationale ox tele, the prod of > ge gehen fx sty ifn eq by ee No. sd copra to dive entment 0 ple ort wu omotte tin he ay eal sium ith to tony. Tdi th "ea of le he fre oe 0 ‘SUMRSHprenibd pated under headers seh Ta a th vl a the tx ey Atos the plo TOREIS teny rl om the BIN Soul mae oer CELE ecnest te taper tothe re. ‘he oignon to comply with atx aty most ake proc Tse jective of Ri No. 1-200, Log, new ‘Stn nese aie iia raza ns, sn snl dare ie {See emgurce sea ob previ yD Sao nea mnt re ts mt) NSocied theugh she tom manngeene Pree ‘init fis ne o pena. But we camot tally finn ae ented te onto ent fr EEA cnt wath a smite renee een Fer appt a ent atl ‘The police power is dynamic, not static, and must move with the moving society itis supposed to regulatn, sted and may be Once exercised, and again, as offen as tis necessary for exercised again the protection or the promotion of the publie welfare, vary} and to every Conditions change, circumstances vary; such aleain he ple rer must conform, Wha ina be susie w val exerese of the power Thay become constitutional heresy-in the faeure under vn ‘Old notions may Hooome oi Showed even as new ideas are hora, expanding oF con ‘THE POLICE PowER a Stricting the limits of the poliee power. For example, Police measures validly enacted By years ago against the wearing of less than sedate swimsuits in public jeaches would be laughed out of eoure in these daye of Dormissiveness when prohibitions against even nude Swimming are facing constitutional challenge. Price Fontrol laws, which before were considered encroach- Ients on the right to property, are now accepted in all lied jurisdictions. The affluent have practically sur- lered to the intrusive reach of social legislation, such those prescribing minimum wages and compuleory Ves, which before they could successfully resist on the isis of the impairment clause, And the police power kinues to change even as constraints on liberty di insh and private property becomes more and more sd with public interest. and therefore subject: to lation, 1t willbe recalled in this connection that, in Ermita late Hotel and Motel Operator Association. Inc . City ‘of Manila, the Supreme Court, in upholding an nance regulating motels as a vali exercise ofthe po- ower, declared that “there is no question but that the lenjed ordinance was precisely enacted to minimize in practices lurtful to public morals” Tt must be ‘hough that, in City of Manila, Laguio’ the Court, ullifying an ordinance whieh, this time, prohibited any including, among others, those who operate mo- from contracting or engaging “in any business provid- ortain forms of amusement, entertsinment, services finciities where women are used a8 tools in enter- en nd which tond to distur the community, annoy Inhabitants, and adversely affect the socal and moral ofthe community," delared — SOR No 12409, July 1, 1967, SORA sa. PGR No. 11813, hp 12 2005, 49 SA(CONSTITUTIONAL LAW Coeceing fr the none thatthe Ernie Nalae arse Saitou at itrepte and etablisinents ofthe Hc ‘ec Crna etal bse ‘sage pers artoke br, nie cbs, day ca ‘Ris'Siaotteqn bare, dane tail, motels a ‘Tuono manana wn ibo acre efits of Temne The meraederablhments are aw trac are nt pore anave tho moral welfare ofthe ‘monly ‘That thee are usd we areons to consummate it ol {Risen aw ene fre th Hea pots ferpnt Welay ate om th ei ath the es Fy, bing a haan a, nay ake plac in est ‘plc hn tay ve tae place i tho ext {Elmers enumerned unde ection ofthe Oring 1 {awed lege othe Orinonce were tobe lowe nl Re asacce that cn immoral Be et rani ‘Rie diner ora cour cher we woul both tak at tho ity of Mania aedoring tne owe the hi ‘Sah Somrand rey Hose, bing park ew ra Sem yell fr tat tater wil ot be exept he utea, Simply becuse there ao. “pure” slo there are inpare mea deed even Ye Sein he {ton of Chiiane tures stony reall th po (End uttrsalityof nn man's hits “Th problem, it edt be pointed at sot the ‘Dan which by tenet cone be ai to be in Amore, tat the dplorableurnan atvky ths ‘nin te pemlece Wale a motel maybe ued a 0 ‘nora sce, canoe fr ha vn ne Ue ihe. Te cant be claaied ae « house of ei fulsance pers tre iatbood or anal 9 ‘deren ao andi hat were allowed, then the Prin fret noi mon berg ofits supe scl ‘che exgulhed orm wel every Dum Tyrtepeeenae omy in every noo on eranny Wh {ns brett eimaton oe wort ‘The Ordinance wok t Ign morality but le al Te ee tea oral Ty the Ortinace mat ‘tn tha Wea ‘THE POLICE POWER fe al man out fe beatae mara thing, ld fb eeahnhment ii the heat ofa, he Cy Cau Tnneed abou rgultn man condi that acu ie stalchnets, but motto Oe Gate of erty td pr hy which ave covenant, premivne and hewings of Sem. le poitones enrneinos at eubing ley objectionable nisi eommendabl, they onvitnlypieh ven the irs ‘ne operators of “hdc” innocent” tab. ese Inthe Instant ca, thar tcl fevacon of Mor property right, prs inthe eat of hom inde sas of owning operating at peleanising thane metls oper n tans of the invents made’ on the al {ob pl to have herein employed tho ity of Mala ies f pt an end to prosttton,Forneaton ant her il can nana Impece easonshle ealtions roe ae Inspections ofthe taishment or ay alten fe iow tel lense o peri: nay xr Ie a yt espn of revake tet lene for ees vlan Nina won ingoeInreved eons ee. Te othr word Ie ober means to retamahy sect the died Court made this pronouncement even as it that its “commitment to the protection of mor- dary to its fealty to the fundamental law of It is foremost a guardian of the Constitution the conscience of individuals, And if ft need be, ‘will not hesitate to ‘make the hammer fall, lyin the words of Justice Laurel, and uphold tutional guarantees when faced with laws ough not lacking in zeal to promote morality, 0 il Wo pas the tost of constitutfonality.” White Light Corporation v. Cty of Manita,” de- taulos alter ite Ermita-Melate rang, the Court, ling a similar ordinance, whieh provided for 8 ion against wash rom rates and renting out HH No, 122846, Janvary 20, 909, 676 SCRN 416om ‘CONSTITUTIONAL LAW ‘THE ROUCE POWER 9 foyment of tothe Fle Our demcraey i astingulshed thom sonese acetis ot with anymore extensive lb tin on oor part of mati moral ad ino ut fom oar ‘engniton thatthe Individual Here t ae the chee in ur lve is inate, and protected by the State Teependent nd furminde judge thnates ate under ral ly to ‘pbold the Conan asthe ebadnnt ofthe ral of ow ‘rooms more than twice a day, to minimize if not eli inate the use of the eavered establishments for ict sc, prostitution, drug use, ete,” declared — ‘Wo wetrate that nivalis maybe avery fics ony tothe extent tt may fly be eguived by he (ftmate demands of publ inleent or pubte welfare. Steen levithon that must be vestratnd fom eee Intruding’ ita th ver ofr czens However wl Intend the Ordinance maybe rin elect om ahi) ‘i himsia ntruson inate ge of hw exash ‘ewe arti potons. The Onda acdleay ete ‘he operton ofthe bunoecs the peitinee eel lctng th ht oftheir patron without unt aly ta. The Orinane easly oqutne wash res and resting ‘root more than ewce day with tamara tho ‘Sontmaating noes intention ‘The prometion af pbc welfare and a sone of rll song etnee deserves the hl endorsement te ol roid that such earuee donot trample sighs ti Eee to protect ‘The mason tht the prometion | oral ina function of the State la Aco (Spmenent cfteral slates a8 pool to ual tee, ven athe implementation of moral ar rings \ndigensble emplement to governance, that prope ry absclieeapecally nthe ace of the moan of le pro is oir Ao hile the tnatn nny fon lt 9 the tours to ele, pane fr the porerinent to avd the ensitutonal oft By employing moreso, os drste ea promt mora It should also be observed that the police power sometimes use the taxing power as an implement the attainment of a legitimate police objective. For ple, in Powell v. Pennayleania," the legislature tained, after a fact-finding investigation, that tho vine industry was operating to the prejudice af tonsuming public becabse its produets, besides be- processed in an unsanitary manner, were being mis- for butter. Instead of prohibiting margarine out- which it could vabidly have done, it merely ie- ‘an exorbitant tax thereon, making it wnprofitable the industry to continue without incurring loss. A lar measure may now be taken against massage rs or sauna baths if they are found to be fronts for stitution. In Lutz v. Araneta,” tho Supreme Court sustained logitimate exercise of the pace power the imposi- ‘dation feet otras ‘To be anid about i, the of quoted Ameria ‘hat You anno Feat orate utils Mt tn torte, be exllaed by Cale ht {i re acral interpre meaning that tbr Tae malty Wil El ya wey tvs with sishaden alone and ran, Oo pal te, founded agora lions, an ‘dni seeped dation Rete ht ad wrong “amu ars on96 (CONSTITUTIONAL LAW tion ofa special tax on sugar producers forthe purpose ‘of ereating a special fund to be used for the rehabilits tion ofthe sugar industry. ‘The tn lei bythe calengd tata ir a reglatry purpmm; amafo proide ways nd mans fo the reba ‘on ard sation of the sar se. Sagar pds x feof tho great inde th entry and bac wth ple Inte pd, hees, Congress Wer eepard ofthat the {cal walle dean ht to saga nda be ai {Fac nw thus primary an entre of ho plc power af ‘Rac and tasation nas mer used 10 implement the sas ‘The Oil Price Stabilisation Fund!” and the Suyar Stabilization Pand” have been acknowledged as ex tions made in the exercise ofthe polios power. A similar ruling was made with respeet to the so-called Univers Charge, which is a “Special Trust Fund” recognized 19 hhaving “the characteristics of a tax and is collected 10 fund the operations of the" National Power Corporation but was considered as an exaction in the exercise of Lhe State's police power.” The Universal Charge is imposed to ensure the viability of the country’s electric power industry.” A similar tax was upheld inthe ease of Tio v. Vide ‘gram Regulatory Board which was considered by i ® Outen v. Ores CR. No 9668, March 1, 1088, 20 CIA ‘709; Vattunce'. nee aglatory Board, CR. Nos 9001.0) Sune 25,188,162 SCRA 521 * Ganon v Rabe Plots Bank, 1277104, Mare 15, 188 ase SCRA ce, * Groth v, Departmen of Energy, GR. No. 15006, Joly ety. rd of Dvr, National Power Corel GR Non nss087, Oct MI, GH NCTA 20 (form Law, held that, like taxation, the power of em jot domain could be used as an implement ofthe police ser, The expressed objective of the law was the pro- iotion of the welfare of the farmers, which eame clearly ler the police power of the State. ‘To achieve this pur- ise, the [aw provided for the expropriation of agrieul- ral lands (subject to minimum retention limits for the downer) to be distributed among the landless peas- ly. As the poreneia observed ‘THE POLICE POWER ” court to be “not only a regulatory but slso a revenue In Association of Small Landowners v. Secretary of arian Reform,” the Supreme Court, in sustaining constitutionality of the Comprohensive Agrarian ‘othe exet thatthe meamars ender calenge mera scribe retention ine er dower ther seco the ple power fr the elation of vats propery in ao ane i the Conan: But wher tea ou ouch ga ton i remes nexeanry to dprve sah ers of none Ils thy ma oven asc the taxi sre lowe, ther sdf taking unde te poe af eine dan or ‘hie ent fer oman etre In Manila Memorial Park, Ine, v. Secretary of the jriment of Social Welfare and Development,” the mie Court clarified that the twenty percent dis- i required to be given by “all establishments rela- lo the utilization of services in hotels and similar ig establishments, eataurants snd recreation con- and purchase of medicines in all establishments for ‘exclusive use or enjoyment of senior citizens, inlud- Tnoral and burial services for the death of senior ns” 8 an exercise of the police power, and not the FGI No, 17586, Des98 ‘CONSTITUTIONAL LAW power of eminent domain, thereby modifying its earlier Paling in Commissioner of Internal Revenue v. Central ‘Luzon Drug Corporation.” Thus — ‘fc, thereto, he mt regulation i pte owe “iter ln Cental Lax Dr Corporation 48 Pil 207 ‘Bodh eng, the 20% dont man exw sees eminent danas aa te tax ce, wer te Peete ote sun of ican een Jem taapotton here, Tho ean ht eden eee me part ine rales othe east TOETE Bi he Lv peeng ie 2 ont nt {hr ponsun euctn ntalfvenc ot ed ue ‘he Erg te lig of ae rey fr pl orveneae “Th wn he ysoning ein promi. 1 preappnes a Teej elation bik pac peg and hon Se lic ute prota eaten, tomate ‘Shei toa deat property iho ees of ine Hts orem then lp arte et ‘ect onal ist wold fave tb vated br So TEE.csoae el th outed ate ie talon alse taro previon py i Sutestoeanon I wea ase mean th goer wt Sec eof ro een ih ‘te elt or nee mao ate ‘Sen nc jst eompnstio pid een the aw ‘retina Te oer th sto ith ie ml ‘cnn tt ie Secon ey ae poner mens 1 ‘ene he pect sks a erm deh el SIG ePUSina atmos oar pro etc gee rte common pd eS Bibwin C3 UB ast In Gi of Mane, Lgula Jr. 5 PL 29205, 0 1x3 tli le cool be fn eves ut het proper met“ fa ‘Wien orlan roc erin agit in 496 Phil, 907 2008), 402 SCRA 979, {THE POLICE POWER, 99 st tn al ce thee mut eas {inane domain snd compensation to spar the Sc Wh propery tay trated ot sta ‘ont, regulation ges to fa Il be roe ‘het tking. No ora re eam be ‘sd omer the erin ht ton ad ‘Nien reiiation becomes ating. aon, Su {es nies renin tht it ws a quenon Agro and thre cant Seed fy frat provsiion” On many ether ocsion ae tol the GS Suprme Cour as sd that tbe Te’ when Toga onatee aking 8 tar of conse te fata in each eae. The oar aks weer Juste ond ttmess regure {hat the scone ns ned ype ein at Uecompsnaid bythe government and thor ore iy epic a whol or wheter oe soul aa cctoaied te pree ge inact eet of rslaton, ach a the one andr con Welfare and Development, where it stressed that the conditions co demand as determined by the no, property rights must bow to the primacy of ‘power because property rights, though sheltered prucess, must yield to general wolftre, Police 1. No. 1604, 29 Jun 2007, 505 SCRA 190,100 ‘CONSTITUTIONAL LAW ong power at an atiibute to promote the common Sou be ited ems a the mere of ones that they wil suo lows of earings Mapa ube questioned provision it fvadatd. More tver, in the absence of evidence demonstrating the al loged confiscatory effet of the provision i ques therein no basis for its nullfieation in viow of the pre sumption of validity which every law basin its favor” Exercise of the Police Power "The police power is lodged primarily in the nation4l legislature, By virtue af a valid delegation of leslaive power, ibmay-also. be, exercised by the President ail adminis srative boards a8 well as the lawmaking by the law-making body to-the-administrative body ‘adopt rules and regulations intended to carry out provisions of te law and implement legislative pliey {Torbe valid, en administrative issuance, such 28a ‘eentive-order, mmust-be promulgated. upon. authority the legislature in socordance with the presribod dures and must_be within the seope of the: aulbe ‘given, by. the legislature and reasonable.” Muni lgovernments exercise this power under the gensral fave clause,” which provides that “every local ow rent unit shall exercise the powers expressly rl those necessarily implied therefrom, aswell a ‘necessary, appropriate, o incidental for is efi ffieetive governance, and thase which are essenth Cea, Pili Adina Law, 2008 ation 1 «Bee i, Lal Govern Co {THE POLICE POWER faa tion of the general welfare. Within their res {orritorial jurisdictions, local government units sure and support, among other things, the pres: anil enrichment of culture, promote health and ‘uahance the right of the people to a balanced, jeourage and support the development of ap- and. selfreliant scientific and technologie Ms, improve public morals, enhance economic ly And social justice, promote fall employment their residents, maintain peaco and order, and the comfort and convenience of thelr inhabi lexoreisrof the Police power lies in-the disere- lative department. Given a police prob- Iv ontrely up tothe legislature to decide whether. JAnshesfirst-place, t should acbagainst the prob- {itdoes, well and good; but if i does not it may ‘ompelied to do so by judicial process. No.many leto-cuerce the exercise of the polien, i only remedy against legislative inaction the bar of public opinion, refusal of the elec: ‘turn to the legislature members who, n their ‘on remiss in the discharge oftheir duties, nislaure does docidesto net, the choice of ‘remedis, provided. only they eonfarm to 6 tobe discussed presently, lies also within paigoretions Once: determined, the remedy fnnot bo attacked on the ground that i is not of the suggested solutians, or that i i unwis ctl or inefiacious, ar even immoral. These political questions and therefore off-limits to cian. the problom of prostitution, for example, the ac- Fomedios are outright prohibition, as under ourFol ‘CONSTITUTIONAL LAW Revised Penal Code, Licensing subject to appropriatl ‘Rayalation, such as periodic medical check-ups, an (he ‘Cetatblishment ofa red light distrit. Ifthe third rem ys selected, it may not be reviewed by the courts 0 challenge that it encourages rather than dott prostitution and is immoral, to boot, These are qv TRomse that oaly the legislature can decide in the excrin ofites sound discretion, ‘The problem of cigarette smoking is another ile tration. Despite well-nigh conclusive researches linkin Cigaarette smoking to lung cancer, and the rising itl Gentes of this disease in the United States, the Americal ‘Conptess has taken stops that can only be deserted (iffferent or halthearted. Still, the courts arc poset Tena to intervene and compel more decisive action. fo wrould be to convert the judiciary into a superleyill fares and to invest it with a power that does not bel twit ‘The ascertainment of facts upon which the pill ‘powser is tobe based is likewise a legislative presi farcihe preceding example, the question of whether ci raxuce smoking does cause lung cancer must be devil Guallusively by the lawmaking body, considering {fenace pro and con in an appropriate fact-finding inv igaation, Whatever it decides is conclusive on theo Ie is different, of course, if its conclusions ane supported by any temblance of proof at all, as whorl ‘jeailares against all medical opinion—that heat (cele is communicable and orders the segregation ‘THE POLICE POWER 103, for the first view cannot be questioned in the th emelasion reached, Gadinge ae acts od wie. Debtae questions ae fr the litre 1a de The our dont rea te mento onicting lus, when in Jacobson v. Massachusetts" @ per- Inases, rejection of the offer by the trial court ned by the U.S. Supreme Court. orogoing notwithstanding, and as earlier cited, 10 Court has pronounced that a “state that ted valid international obligations is bound ‘in its legislations those modifications that may yo ensure the fulfillment of the obligations ‘the Police Power ‘ot to bo deduced from what has been said that lary is completely incompetent. to review the Al the police power. The above situations as- validity ofthe police measures adopted by the Sl the measures chosen are intrinsically tations, th a, 99.6,108 ‘CONSTITUTIONAL LAW ‘me PoUCE POWER Acet in of the individual have irresistibly and inevitably iirawn into the embrace ofthe police power. John famous statement that “no man is an island” bye, more than poetic philosophy, a valid logal ile derived from the polio power ofthe State ‘Thus, « person may’ not do with his own life as he lie may not, for example, expose himeelf to die Jy rofusing vaccination, as he may contaminate his invalid, courts have the right and the obligation to de ‘clare them eo. The question of the validity of legislative ‘inactments as determined by the erterion of their con formity to the Constitution is essentially justciable and say be validly decided by the courts of justice. [As laid down in a number of cases," the test to de termine the validity af police measure are as follows: (1), Theintersts ofthe public generally, as stne loro adit bimaclt kod aad ir oF imself to drugs, as this would af thwe bier prepared. Where even the i SRLS ie may atl notte necomspodnied tno ally eS bee snl there tall Ue mre rena {ita who have been teed and fund wanting Tien enous snp nek the ight ality lil cation ut gunanty of he Conttaton, One mst Ui SEERA becaue of i preparation and promise In Sangatang v, Intermediate Appellate Court,” (hi Supreme Court sustained the act ofthe mayor of Moki {n opening two erstwhile private roads in Bel Air Vil fn the basis of stipulations in the deeds of the donati ‘The principal issue ralsed in Telecommunications Broaileast Attorneys of the Philippines v. Commis- ‘on Elections” waa the valiity of Sec. 92 of BP Big. quiring radio and television stations to give free im to the respondent to be used as the COMELEC Tr broadeasting information regarding the can fm the 1998 elections. It was argued that the re nt constituted a taking without due process of fail payment of jut compensation, besides violating ual protection clase and the provision ofthe ‘The challenge wos rejected by the Supreme Court, Hold that the law was @ proper regulation by the al the use of the airwaves. According to Justice I ScRA 921 InDSRA BF 170 SORAa0 ‘CONSTITUTIONAL LAW Monin, ‘Radi nd eleinionbrondcastng companies ete gen francine donot onthe areas ani Tee a eau which they transmit broadest ss Irene ye They are merely ven the tempa°) aoe ene easing them, Sins a ancise f= mer mre a euro of he peg ming reasonably Peaecaed withthe pertrmance by the grante some for opie servi” oraaness intended to protect pu snore ave been uel by the Supreme Cour ‘e'fue pniohingvagraney and anihing a pimp aon arent proving for a Hens tt Pree ing the maintenance oe operation af pu dance ‘halle: prohibiting gambling,” jueteng™ ant ia othr aint: prohibiting playing of panauingul on days ol Tan Sundays or legal holiday profiting the oer tion of pinball machines" and probibiting any peso conducting or maintaining an opium ear aca 1m is smoked or otherwit or visiting a place where opiu one In White Light Corporation v. City of Manila,” ie ‘Supreme Court declared that — “115. ine Cru, 8 Pil. 77018 GEE Riigun 3 Pi 729 00187 ae lo Sarmiento een ean ey sy aor Vite, 1102 90.198. Pace, 31 Pil 526 1018) oO ae eat 29 Pa 10 9 US. ws aera iy yeh ng, 8 PA 025.1 be Tape, 31 Pa 1 08. UST EMER ran OBB abe ty iy 8,100 iy athens Tony 1 1901, 281 Serer Let re Ta 2 iy 0,200,670 SCRA A latin if dance Ine tester Pople Inoter veh [THE POLICE POWER, in aie pomer, while incapabe of an ent deiniton, ha ben rpsty vei in gnerl tro unease compres neaato eet all eigoncies and prove eau mn ficient and elo reapense arth condone warrant. ie Inte-Molte Hott and Motel Operation Amite, Tne. iy Mayor of Manito, 127 Pi. 906 (1980) Pl er fs nse upon the conept of eco the Staten tears Dinding right o prot aif nd x pple, WA Proton Gnd onapent ne Cat of Afete G3 {0 cng Rat Proc Br Maer 58 Pa 60) {110} ult pe has bon onda oto br tunes ous end vr neuns bth Sse Tee rage Rom 08 ee 2 a 78) a 898) wns tes Uartr Burst, Pi, 636 GSD] oe ee Ur: PvinclBoard ft, 56h a8 1800} The eee omen cosearittes geese nes ieee Moreover, also acknowledged as valid exercises of police power would be ordinances requiring the con: Lin of areades whieh would provi safe and con- passages along sidewalks for commuters and the regulation of ratos imposed by public ‘an executive ban against the importation of vehicles to protect the local ear manufactur> dustry" a law altering the remedy or right af re. ion, by shortening the same in cases of foreclo- ‘of mortgages eavering properties used for indus. re Ot aoe Seah, s SS ee Pee Se easement nt ae SS pa eae aly soe in, Pace rc tno i eyna (CONSTITUTIONAL LAW ‘rial or commercial purposes, notwithstanding the pro; ‘Visions of contracts already in place upon its effectivity inl law requiring the presentation by applicants for haruage Heenses of a certificate of compliance issued for fee by the local Family Planning Office certifying fhnat they had duly received adequate instructions and JRiormatfon on responsible parenthood, family planning, Tuouetfeeding and infant nstrition prior to the issuance of said licenses.” tn Social Justice Society v. Atienza" the Court ike- wviso upheld a zoning ordinance of the City of Manilo, Which reclassified “certain arens of the ety from indus {rial to commercial,” a8 a result of which “the oil term aly located in those areas wore no longer allowed Though the oll companies contended that they stood to Tone billions of pesos, the Court upheld the power of the ‘Sty government to pass the ascailed ordinance, stating eparty sats of il Ean nn Tenn ede atthe government, Otborwile alt eco ipo tht a neve wh alee, pert ere abe geome ware, Hewever, Sh Erte nd st nts Aa re ‘rhe means adopted by the Samauian was the od mont es oni endian wh eta the a wet Fer Sce Sted Grom Sndurtelltn come 0 te der dod or lcd ly ce mung el Golenway Merchandising Corpmaton v. Baitaie 9 Bank, S164, More 1, 201,09. 5CTRA 190 Nate Ontns G1 No 20151, Ap 8, 201, + G.R. No, 186508, 18 Pebrunty 2008, 8488 {HE POLICE POWER, ns ph ety eos meri, dete nd eoprony a {El ue pet of made As rr of he sng the ‘intind operation ofthe business of the oil sompanse in ‘hele present ston will longer be pert The pone 0 sek edt mer an nial a {dred fem the plo power elf and sexed fr the Proton and ene of the resets of ial. Conse ‘Sony te emt rans, i te Diner ofthe Seruriong Panlungad af the Cy of Masia tein eninge hw fat lobe But as ubiquitous as the police power may be, it is ynate for individual liberty that there are still some ns of human activity that aro not within its reach. ‘ill be s0 where the subject sought to be regulated ‘no bearing whatever upon the public wolfare. The Ws power can unquestionably impose restrictions on ‘person may wear in public, but in the privacy of fovin bedroom, his attire oF lack of i is his own busi- ‘Morsinats may be reguine to keep book 9 2. tnd evento ose certain languages theren, a ptvisoe ofc the poi” Bue ordinary inde nny not be complied to keep Sire ce ato lunyuages therein o lo open them for inspection getie or functionaries nthe records are nn the Interests he general comment. If tape got ke ie, subject omit Hin pliee power forth protection ofthe son Full" Bot the price of work of at, ke a iy Rembrandt, oof novel by w prestigious sin ied hn not i ait the people au a whole. A peron ited fom planing oes in is gerd, ogg. Tide, 271 V8.5, Me Whe spre