Binay Vs Domingo Case Digest: Facts
Binay Vs Domingo Case Digest: Facts
Equal Protection Clause, General Welfare Clause, Police Power, Powers of Municipal Corporations
Facts:
Petitioner Municipality of Makati, through its Council, approved Resolution No. 60 which
extends P500 burial assistance to bereaved families whose gross family income does
not exceed P2,000.00 a month. The funds are to be taken out of the unappropriated
available funds in the municipal treasury. The Metro Manila Commission approved the
resolution. Thereafter, the municipal secretary certified a disbursement of P400,000.00
for the implementation of the program. However, the Commission on Audit disapproved
said resolution and the disbursement of funds for the implementation thereof for the
following reasons: (1) the resolution has no connection to alleged public safety, general
welfare, safety, etc. of the inhabitants of Makati; (2) government funds must be
disbursed for public purposes only; and, (3) it violates the equal protection clause since
it will only benefit a few individuals.
Issues:
1. Whether Resolution No. 60 is a valid exercise of the police power under the general
welfare clause
2. Whether the questioned resolution is for a public purpose
3. Whether the resolution violates the equal protection clause
Held:
Police power is inherent in the state but not in municipal corporations. Before a
municipal corporation may exercise such power, there must be a valid delegation of
such power by the legislature which is the repository of the inherent powers of the
State.
Municipal governments exercise this power under the general welfare clause. Pursuant
thereto they are clothed with authority to "enact such ordinances and issue such
regulations as may be necessary to carry out and discharge the responsibilities
conferred upon it by law, and such as shall be necessary and proper to provide for the
health, safety, comfort and convenience, maintain peace and order, improve public
morals, promote the prosperity and general welfare of the municipality and the
inhabitants thereof, and insure the protection of property therein.
2. Police power is not capable of an exact definition but has been, purposely, veiled in
general terms to underscore its all comprehensiveness. Its scope, over-expanding to
meet the exigencies of the times, even to anticipate the future where it could be done,
provides enough room for an efficient and flexible response to conditions and
circumstances thus assuring the greatest benefits.
The police power of a municipal corporation is broad, and has been said to be
commensurate with, but not to exceed, the duty to provide for the real needs of the
people in their health, safety, comfort, and convenience as consistently as may be with
private rights. It extends to all the great public needs, and, in a broad sense includes all
legislation and almost every function of the municipal government. It covers a wide
scope of subjects, and, while it is especially occupied with whatever affects the peace,
security, health, morals, and general welfare of the community, it is not limited thereto,
but is broadened to deal with conditions which exists so as to bring out of them the
greatest welfare of the people by promoting public convenience or general prosperity,
and to everything worthwhile for the preservation of comfort of the inhabitants of the
corporation. Thus, it is deemed inadvisable to attempt to frame any definition which
shall absolutely indicate the limits of police power.