G.R. No. L-42571-72 – 208 Phil. 490 – 123 SCRA 569 – Political Law – Subject Shall Be Expressed in the Title – Police Power Not Validly Exercise
Vicente De La Cruz et al were club & cabaret operators. They questioned the validity of ordinance No. 84 of Bocaue, Bulacan, which effectively prohibited the operations of dance halls, night clubs, and cabarets in Bocaue. The ordinance also banned professional hostesses, professional dancers, or hospitality girls. The trial court, presided by Judge Edgardo Paras ruled in favor of the ordinance. He ruled that it was in accordance with R.A. No. 938 (AN ACT GRANTING MUNICIPAL OR CITY BOARDS AND COUNCILS THE POWER TO REGULATE THE ESTABLISHMENT, MAINTENANCE AND OPERATION OF CERTAIN PLACES OF AMUSEMENT WITHIN THEIR RESPECTIVE TERRITORIAL JURISDICTIONS). Paras ruled that the prohibition is a valid exercise of police power to promote general welfare. De la Cruz then appealed citing that they were deprived of due process.
ISSUE: Whether or not a LGU may ban night clubs, cabarets, and dance halls.
HELD: No. If only the night clubs were merely regulated and not prohibited, the assailed ordinance would pass the test of validity. SC had 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. 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 purpose sought to be achieved could have been attained by reasonable restrictions rather than by an absolute prohibition.
