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    Dela Cruz Vs Paras

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    Vsgg Nnia
    This case involved an ordinance issued by the municipality of Bocaue, Bulacan that prohibited all forms of night clubs, cabarets, and dance halls in the interest of public welfare and morality. Petitioner dela Cruz, the operator of such a business, argued this violated due process. The lower court upheld the LGU's power to regulate and prohibit these establishments. The Supreme Court ruled that while LGUs have police power to regulate for public welfare, the ordinance went too far in outright prohibiting these businesses. LGUs can regulate but not prohibit lawful trades and occupations through excessive ordinances. The objective of public morality could be achieved through reasonable regulation instead of overbroad prohibition.

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    Dela Cruz Vs Paras

    Uploaded by

    Vsgg Nnia
    367 views2 pages
    This case involved an ordinance issued by the municipality of Bocaue, Bulacan that prohibited all forms of night clubs, cabarets, and dance halls in the interest of public welfare and morality. Petitioner dela Cruz, the operator of such a business, argued this violated due process. The lower court upheld the LGU's power to regulate and prohibit these establishments. The Supreme Court ruled that while LGUs have police power to regulate for public welfare, the ordinance went too far in outright prohibiting these businesses. LGUs can regulate but not prohibit lawful trades and occupations through excessive ordinances. The objective of public morality could be achieved through reasonable regulation instead of overbroad prohibition.

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    Dela Cruz vs Paras

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    This case involved an ordinance issued by the municipality of Bocaue, Bulacan that prohibited all forms of night clubs, cabarets, and dance halls in the interest of public welfare and morality. Petitioner dela Cruz, the operator of such a business, argued this violated due process. The lower court upheld the LGU's power to regulate and prohibit these establishments. The Supreme Court ruled that while LGUs have police power to regulate for public welfare, the ordinance went too far in outright prohibiting these businesses. LGUs can regulate but not prohibit lawful trades and occupations through excessive ordinances. The objective of public morality could be achieved through reasonable regulation instead of overbroad prohibition.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    367 views2 pages

    Dela Cruz Vs Paras

    Uploaded by

    Vsgg Nnia
    This case involved an ordinance issued by the municipality of Bocaue, Bulacan that prohibited all forms of night clubs, cabarets, and dance halls in the interest of public welfare and morality. Petitioner dela Cruz, the operator of such a business, argued this violated due process. The lower court upheld the LGU's power to regulate and prohibit these establishments. The Supreme Court ruled that while LGUs have police power to regulate for public welfare, the ordinance went too far in outright prohibiting these businesses. LGUs can regulate but not prohibit lawful trades and occupations through excessive ordinances. The objective of public morality could be achieved through reasonable regulation instead of overbroad prohibition.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Dela Cruz vs.

    Paras
    GR No. L-42571 July 25, 1983

    TOPIC: Police power of municipal corparations

    FACTS: Bocaue Bulacan issued an Ordinance which prohibits in all forms night
    clubs, cabarets, dance halls in the municipality in light of public welfare and
    morality. License or permits to operate were ordered not to be renewed to such
    establishments. Petitioner dela Cruz as operators of the business argue that such
    was in violation of due process because they never allowed hospitality girls to
    engage in immoral acts. The lower decided to uphold the power of the LGU not only
    to regulate but to prohibit the establishments by stating that “those who lust cannot
    last.”

    ISSUE: Whether or not Bocaue, Bulacan, as municipal corporation can prohibit the
    exercise of a lawful trade, the operation of night clubs, and the pursuit of a lawful
    occupation, such clubs employing hostesses.

    RULING: No. This Court is, however, unable to agree with the conclusion of the lower
    court and for reasons herein set forth, holds that 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.— The municipal
    council shall enact such ordinances and make such regulations, not repugnant to
    law, as may be necessary to carry into effect and discharge the powers and duties
    conferred upon it by law and such as shall seem necessary and proper to provide for
    the health and safety, promote the prosperity, improve the morals, peace, good
    order, comfort, and
    convenience of the municipality and the inhabitants thereof, and for the protection of
    property therein." (Sec. 2238, Revised Administrative Code of the Philippines)

    Section 39 of the Municipal Code allows the council to enact ordinance and make
    regulations as may be necessary to ensure the health and safety, prosperity, morals,
    peace, good order, etc. of the locality

    The general welfare clause has two branches: One branch attaches itself to the main
    trunk of municipal authority, and relates to such ordinance and regulations as may
    be necessary to carry into effect and discharge the powers and duties conferred
    upon the municipal council by law. The second branch of the clause is much more
    independent of the specific functions of the council which are enumerated by law. It
    authorized ordinances necessary to provide the for the health and safety, morality,
    etc.

    The Court had stressed reasonableness, consonant with the general powers and
    purposes of a municipal corporations, as well as consistency with the laws or policy
    of the State. It cannot be said that such sweeping exercise of a lawmaking power by
    Bocaue could qualify under the term reasonable. The objective of fostering public
    morals, a worthy and desirable end can be attained by a measure that does not
    encompass too wide a field. Certainly the ordinance on its face is characterized by
    overbreadth.

    The power granted to LGUs remains that of regulation, not prohibition. There is a
    wide gap between the exercise of a regulatory power and prohibiting. It is clear that
    municipal operations cannot prohibit the operation of night clubs. They may be
    regulated, but not prevented from carrying on their businesses.

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