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Petitioner,
-versus-
Respondents,
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PETITION
NATURE OF PETITION
THE PARTIES
THE FACTS
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DISCUSSION
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public safety;7 (4) to maintain and safeguard peace and order; 8 (5) to
protect public morals;9 and (6) to promote the economic security of
the people.10
Congress enacted the Local Government Code (LGC) as the
implementing law for the delegation to the various Local Government
Units (LGUs) of the States inherent and great powers, especially the
police power. The LGC was fashioned to delineate the specific
parameters and limitations parameters and limitations to be complied
with by each LGU in the exercise of the police power with the view of
making each LGU a fully functioning subdivision of the State subject
to the constitutional and statutory limitations.
In City of Manila vs. Laguio, Jr.,11 the Court restates the tests of
a valid ordinance thusly:
raising. Most of the residents who engaged in backyard poultryraising are marginalized farmers and are struggling to make ends
meet. To immediately and prohibit them from engaging in backyard
poultry-raising, which is a decent livelihood, is a prohibition of trade.
The case of De la Cruz vs. Paras15 declared a municipal
ordinance that refused to give any permit for night clubs and any
license for professional dancers unconstitutional as going beyond
mere regulation into prohibition of a profession or calling which,
properly regulated, can be legitimate. Correspondingly, even
conceding that the Ermita-Malate area teems with houses of ill-repute
and establishments of the like which the City Council may lawfully
prohibit, it is baseless and insupportable to bring within that
classification, sauna parlors, massage parlors, karaoke bars, night
clubs, day clubs, supper clubs, discotheques, cabarets, dance halls,
motels and inns. The enumerated establishments are lawful pursuits
which are not per se offensive to the moral welfare of the
community.16
It is well to recall the rulings of the Court in Kwong Sing v. City
of Manila17 that:
The word regulate, as used in subsection (l), section 2444 of
the Administrative Code, means and includes the power to
control, to govern, and to restrain; but regulate should not be
construed as synonymous with suppress or prohibit.
Consequently, under the power to regulate laundries, the
municipal authorities could make proper police regulations as to
the mode in which the employment or business shall be
exercised.18
P.D. 856 is a law that prescribes sanitation requirements for
food establishments and refuse collections and disposal system
of cities and municipalities, and there was no provisions about
the sanitation requirements of a backyard poultry-raising house
nor it has stated the required specific distance of a poultry15 G.R. Nos. 42571-72, July 25, 1983
16 City of Manila vs. Judge Laguio, supra
17 G.R. No. L-15972, October 11, 1920
18 Id at 9.
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CONCLUSION
PRAYER
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Respectfully submitted.
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