508 SUPREME COURT exercise such power, there must be a valid delegation of such

REPORTS power by the legislature which is the repository of the

ANNOTATED inherent powers of the State. A valid delegation of police
power may arise from express delegation, or be inferred from
Binay vs. Domingo the mere fact of the creation of the municipal corporation;
G.R. No. 92389. September 11, 1991. *
and as a general rule, municipal corporations may exercise
HON. JEJOMAR C. BINAY and the MUNICIPALITY police powers within the fair intent and purpose of their
OF MAKATI, petitioners, vs. HON. EUFEMIO creation which are reasonably proper to give effect to the
DOMINGO and the COMMISSION ON AUDIT, powers expressly granted, and statutes conferring powers on
respondents. public corporations have been construed as empowering
them to do the things essential to the enjoyment of life and
Constitutional Law; Municipal Corporation; Police desirable for the safety of the people. (62 C.J.S., p. 277). The
Power; The police power is a government function, an socalled inferred police powers of such corporations are as
inherent attribute of sovereighty which was born with much delegated powers as are those conferred in express
civilized government.—The police power is a governmental terms, the inference of their delegation growing out of the
function, an inherent attribute of sovereignty, which was fact of the creation of the municipal corporation and the
born with civilized government. It is founded largely on the additional fact that the corporation can only fully accomplish
maxims, “Sic utere tuo et alienum non laedas” and “Salus the objects of its creation by exercising such powers.
populi est suprema lex.” Its fundamental purpose is securing Same; Same; Same; Municipal governments exercise
the general welfare, comfort and convenience of the people. this power under the general welfare clause.—Municipal
________________
governments exercise this power under the general welfare
* EN BANC. clause: pursuant thereto they are clothed with authority to
“enact such ordinances and issue such regulations as may be
509 necessary to carry out and discharge the responsibilities
VOL. 201, 509 conferred upon it by law, and such as shall be necessary and
proper to provide for the health, safety, comfort and
SEPTEMBER 11,
convenience, maintain peace and order, improve public
1901 morals, promote the prosperity and general welfare of the
Binay vs. Domingo municipality and the inhabitants thereof, and insure the
Same; Same; Same; Before a municipal corporation may protection of property therein.”
exercise such power there must be a valid delegation of such Same; Same; Same; Police Power is the power to
power by the legislative which is the repository of the inherent prescribe regulations to promote the health, morals, peace,
powers of the State.—Police power is inherent in the state but education, good order or safety and general welfare of the
not in municipal corporations (Balacuit v. CFI of Agusan del people.—Polica power is the power to prescribe regulations
Norte, 163 SCRA 182). Before a municipal corporation may to promote the health, morals, peace, education, good order

1|Page
or safety and general welfare of the people. It is the most municipal corporation is broad, and has been said to be
essential, insistent, and illimitable of powers. In a sense it is commensurate with, but not to exceed, the duty to provide
the greatest and most powerful attribute of the government. for the real needs of the people in their health, safety,
It is elastic and must be responsive to various social comfort, and convenience as consistently as may be with
conditions, (Sangalang, et al. vs. IAC, 176 SCRA 719). On it private rights. It extends to all the great public needs, and,
depends the security of social order, the life and health of the in a broad sense includes all legislation and almost every
citizen, the comfort of an existence in a thickly populated function of the municipal government. It covers a wide scope
community, the enjoyment of private and social life, and the of subjects, and, while it is especially occupied with whatever
510 affects the peace, security, health, morals, and general
welfare of the community, it is not limited thereto, but is
510 SUPREME
broadened to deal with conditions which exists so as to bring
COURT REPORTS out of them the greatest welfare of the people by promoting
ANNOTATED public convenience or general prosperity, and to everything
Binay vs. Domingo worthwhile for the preservation of comfort of the inhabitants
beneficial use of property, and it has been said to be the of the corporation (62 C.J.S. Sec. 128). Thus, it is deemed
very foundation on which our social system rests, (16 C.J.S., inadvisable to attempt to frame any definition which shall
p. 896) However, it is not confined within narrow absolutely indicate the limits of police power.
circumstances of precedents resting 011 past conditions; it Same; Same; Same; Public purpose is not
must follow the legal progress of a democratic way of life. unconstitutional merely because it incidentally benefits a
Same; Same; Same; Police power is not capable of an limited number of persons.—COA is not attuned to the
exact definition but has been purposely veiled in general changing of the times. Public purpose is not unconstitutional
terms to underscore its allcomprehensiveness.—In the case of merely because it incidentally benefits a limited number of
Sangalang vs. IAC, supra, We ruled that police power is not persons, As correctly pointed out by the Office of the Solicitor
capable of an exact definition but has been, purposely, veiled General, “the drift is towards social welfare legislation
in general terms to underscore its all-comprehensiveness. Its geared towards state policies to provide adequate social
scope, over-expanding to meet the exigencies of the times, services (Section 9, Art. II, Constitution), the promotion of
even to anticipate the future where it could be done, provides the general welfare (Section
enough room for an efficient and flexible response to 511
conditions and circumstances thus assuring the greatest
VOL. 201, 511
benefits.
Same; Same; Same; Power of a municipal corporation is
SEPTEMBER 11,
broad and has been said to be commensurate with but not to 1991
exceed the duty to provide for the real needs of the people in Binay vs. Domingo
their health, safety, comfort and convenience and consistently 5, ibid) social justice (Section 10, ibid) as well as human
as may be with private rights.—The police power of a dignity and respect for human rights.

2|Page
 Same; Same; Same; Same; The support for the poor has Qualified beneficiaries, under the Burial Assistance
long been an accepted exercise of police power in the Program, are bereaved families of Makati whose gross
promotion of the common good.—The care for the poor is family income does not exceed two thounsand pesos
generally recognized as a public duty, The support for the (P2,000.00) a month. The beneficiaries, upon fulfillment
poro has long been an accepted exercise of police power in the
of other requirements, would receive the amount of five
promotion of the common good.
hundred pesos (P500.00) cash relief from the
SPECIAL CIVIL ACTION of certiorari to review the Municipality of Makati. (Rollo, Annex “B", p, 41)
decision of the Comm Metro Manila Commission approved Resolution No.
60. Thereafter, the municipal secretary certified a
The facts are stated in the opinion of the Court. disbursement fund of
Jejomar C. Binay for himself and for his co- 512
petitioner. 512 SUPREME COURT
Manuel D. Tamase and Rafael C. Marquez for REPORTS
respondents. ANNOTATED
Binay vs. Domingo
PARAS, J.: four hundred thousand pesos (P400.000.00) for the
implementation of the Burial Assistance Program,
The only pivotal issue before Us is whether or not (Rollo, Annex “C", p. 43).
Resolution No. 60, re-enacted under Resolution No. 243, Resolution No. 60 was referred to respondent
of the Municipality of Makati is a valid exercise of police Commission on Audit (COA) for its expected allowance
power under the general welfare clause. in audit. Based on its preliminary findings, respondent
The pertinent facts are: Resolution No. 60 and disallowed in audit the
On September 27, 1988, petitioner Municipality; disbursement of funds for the implementation thereof.
through its Council, approved Resolution No. 60 which (Rollo, Annex “D", p. 44)
reads: Two letters for reconsideration (Annexes “E" and “F",
“A RESOLUTION TO CONFIRM AND/OR RATIFY THE Rollo, pp. 45 and 48, respectively) filed by petitioners
ONGOING BURIAL ASSISTANCE PROGRAM INITIATED Mayor Jejomar Binay, were denied by respondent in its
BY THE OFFICE OF THE MAYOR, OF EXTENDING OF
Decision No. 1159, in the following manner: .
FIVE HUNDRED PESOS (P500.00) TO A BEREAVED
“Your request for reconsideration is predicated on the
FAMILY, FUNDS TO BE TAKEN OUT OF UNAPPROPRI
following grounds, to wit:
FUNDS EXISTING IN MUNICIPAL TREASURY.” (Rollo,
Annex “A", p. 39)

3|Page
 1. ‘1.Subject Resolution No. 60, s. 1988, of the VOL. 201, 513
Municipal Council of Makati and the SEPTEMBER 11, 1991
intended disbursements fall within the twin Binay vs. Domingo
principles of “police power’ and ‘parens
the amount of P500.00 as burial assistance to a bereaved
patriae’; and
family of the Municipality of Makati, or a total of
2. ‘2.The Metropolitan Manila Commission
P400,000.00 appropriated under the Resolution, should be
(MMC), under a Certification, dated June 5,
for the benefit of the whole, if not the majority, of the
1989, has already appropriated the amount
inhabitants of the Municipality and not for the benefit of only
of P400,000.00 to implement the said
a few individuals as in the present case. On this point,
resolution, and the only function of COA on
‘government funds or property shall be spent or used solely
the matter is to allow the financial assistance
for public purposes.'" (Cf. Section 4[2], P.D. 1445). (pp. 50–
in question.’
51, Rollo)
The first contention is believed untenable. Suffice it to Bent on pursuing the Burial Assistance Program the
state that: Municipality of Makati, through its Council, passed
‘a statute or ordinance must have a real substantial, or rational
Resolution No. 243, reaffirming Resolution No. 60
relation to the public safety, health, morals, or general welfare to
be sustained as a legitimate exercise of the police power, The mere (Rollo, Annex “H", p. 52).
assertion by the legislature that a statute relates to the public However, the Burial Assistance Program has been
health, safety, or welfare does not in itself bring the statute within stayed by COA Decision No. 1159. Petitioner, through
the police power of a state for there must always be an obvious and its Mayor, was constrained to file this special civil
real connection between the actual provisions of a police regulations action of certiorari praying that COA Decision No. 1159
and its avowed purpose, and the regulation adopted must be
reasonably adapted to accomplish the end sought to be attained.’ be set aside as null and void.
16 Am. Jur 2d, pp. 542–543; italics supplied). The police power is a governmental function, an
inherent attribute of sovereignty, which was born with
Here, We 864 no perceptible connection or relation
civilized government. It is founded largely on the
between the objective sought to be attained under Resolution
maxims, “Sic utere tuo et alienum non laedas” and
No. 60, s, 1988, supra, and the alleged public safety, general
welfare, etc. of the inhabitants of Makati. “Salus populi est suprema lex.” Its fundamental
“Anent the second contention, let it be stressed that purpose is securing the general welfare, comfort and
Resolution No. 60 is still subject to the limitation that the convenience of the people.
expenditure covered thereby should be for a public purpose, Police power is inherent in the state but not in
i.e., that the disbursement of municipal corporations (Balacuit v. CFI of Agusan del
513
Norte, 163 SCRA 182). Before a municipal corporation
may exercise such power, there must be a valid

4|Page
delegation of such power by the legislature which is the power but the municipality does also. (U.S. v.
repository of the inherent powers of the State. A valid Salaveria, 39 Phil. 102),
delegation of police power may arise from express Municipal governments exercise this power under
delegation, or be inferred from the mere fact of the the general welfare clause: pursuant thereto they are
creation of the municipal corporation; and as a general clothed with authority to “enact such ordinances and
rule, municipal corporations may exercise police powers issue such regulations as may be necessary to carry out
within the fair intent and purpose of their creation and discharge the responsibilities conferred upon it by
which are reasonably proper to give effect to the powers law, and such as shall be necessary and proper to
expressly granted, and statutes conferring powers on provide for the health, safety, comfort and convenience,
public corporations have been construed as empowering maintain peace and order, improve public morals,
them to do the things essential to the enjoyment of life promote the prosperity and general welfare of the
and desirable for the safety of the people. (62 C.J.S., p. municipality and the inhabitants thereof, and Insure
277). The so-called inferred police powers of such the protection of property therein.” (Sections 91, 149,
corporations are as much delegated powers as are those 177 and 208, BP 337). And under Section 7 of BP 337,
conferred in express terms, the inference of their “every local government unit shall exercise the powers
delegation growing out of the fact of the creation of the expressly granted, those necessarily implied therefrom,
municipal corporation and the additional fact that the as well as powers necessary and proper for governance
corporation can only fully accomplish the objects of its such as to promote health and safety, enhance
514 prosperity, improve morals, and maintain peace and
514 SUPREME COURT order in the local government unit, and preserve the
REPORTS comfort and convenience of the inhabitants therein.”
ANNOTATED Police power is the power to prescribe regulations to
Binay vs. Domingo promote the health, morals, peace, education, good
creation by exercising such powers. (Crawfordsville vs. order or safety and general welfare of the people. It is
Braden, 28 N.E. 849). Furthermore, municipal the most essential, insistent, and illimitable of powers.
corporations, as governmental agencies, must have In a sense it is the greatest and most powerful attribute
such measures of the power as are necessary to enable of the government. It is elastic and must be responsive
them to perform their governmental functions. The to various social conditions. (Sangalang, et al. vs.
power is a continuing one, founded on public necessity. IAC, 176 SCRA 719). On it depends the security of
(62 C.J.S., p. 273) Thus, not only does the State social order, the life and health of the citizen, the
effectuate its purposes through the exercise of the police comfort of an existence in a thickly populated
community, the enjoyment of private and social life, and

5|Page
the beneficial use of property, and it has been said to be people in their health, safety, comfort, and convenience
the very foundation on which our social system rests. as consistently as may be with private rights. It extends
(16 C.J.S., p. 896) However, it is not confined within to all the great public needs, and, in a broad sense
narrow circumstances of precedents resting on past includes all legislation and almost every function of the
conditions; it must follow the legal progress of a municipal government. It covers a wide scope of
democratic way of life. (Sangalang, et al. vs. IAC, subjects, and, while it is especially occupied with
supra). whatever affects the peace, security, health, morals,
515 and general welfare of the community, it is not limited
VOL. 201, 515 thereto, but is broadened to deal with conditions which
SEPTEMBER 11, 1991 exists so as to bring out of them the greatest welfare of
Binay vs. Domingo the people by promoting public convenience or general
In the case at bar, COA is of the position that there is prosperity, and to everything worthwhile for the
“no perceptible connection or relation between the preservation of comfort of the inhabitants of the
objective sought to be attained under Resolution No. 60, corporation (62 C.J.S. Sec. 128). Thus, it is deemed
s. 1988, supra, and the alleged public safety, general inadvisable to attempt to frame any definition which
welfare etc. of the inhabitants of Makati.” (Rollo, Annex shall absolutely indicate the limits of police power.
“G", p. 51). COA’s additional objection is based on its contention
Apparently, COA tries to redefine the scope of police that “Resolution No. 60 is still subject to the limitation
power by circumscribing its exercise to “public safety, that the expenditure covered thereby should be for a
general welfare, etc. of the inhabitants of Makati.” public purpose, x x x should be for the benefit of the
In the case of Sangalang vs. IAC, supra, We ruled whole, if not the majority, of the inhabitants of the
that police power is not capable of an exact definition Municipality and not for the benefit of only a few
but has been, purposely, veiled in general terms to individuals as in the present case.” (Rollo, Annex “G", p.
underscore its all-comprehensiveness. Its scope, over- 51).
expanding to meet the exigencies of the times, even to 516
anticipate the future where it could be done, provides 516 SUPREME COURT
enough room for an efficient and flexible response to REPORTS
conditions and circumstances thus assuring the ANNOTATED
greatest benefits. Binay vs. Domingo
The police power of a municipal corporation is broad, COA is not attuned to the changing of the times. Public
and has been said to be commensurate with, but not to purpose is not unconstitutional merely because it
exceed, the duty to provide for the real needs of the incidentally benefits a limited number of persons. As

6|Page
correctly pointed out by the Office of the Solicitor philanthropic orgy of inordinate dole-puts for motives
General, “the drift is towards social welfare legislation political or otherwise.
geared towards state policies to provide adequate social PREMISES CONSIDERED, and with the afore-
services (Section 9, Art. II, Constitution), the promotion mentioned caveat, this petition is hereby GRANTED
of the general welfare (Section 5, ibid) social justice and the Commission on Audit’s Decision No. 1159 is
(Section 10, ibid) as well as human dignity and respect hereby SET ASIDE.
for human rights. (Section 11, ibid.” (Comment, p. 12) SO ORDERED.
The care for the poor is generally recognized as a Fernan (C.J.), Narvasa, Melencio-
public duty. The support for the poor has long been an Herrera, Cruz, Padilla., Bidin, Sarmiento, Griño-
accepted exercise of police power in the promotion of the Aquino, Medialdea, Regalado and Davide, Jr.,
common good. JJ., concur.
There is no violation of the equal protection clause in 517
classifying paupers as subject of legislation. Paupers VOL. 201, 517
may be reasonably classified. Different groups may SEPTEMBER 11,
receive varying treatment. Precious to the hearts of our
1991
legislators, down to our local councilors, is the welfare
Mojica vs. Court of
of the paupers. Thus, statutes have been passed giving
Appeals
rights and benefits to the disabled, emancipating the
tenant-farmer from the bondage of the soil, housing the Gutierrez, Jr. and Feliciano, JJ., On leave.
urban poor, etc.. Petition granted. Decision set aside.
Resolution No. 60, re-enacted under Resolution No. Note.—Police power unlike the power of eminent
243, of the Municipality of Makati is a paragon of the domain is exercised without provisions of just
continuing program of our government towards social compensation. (Sangalang vs. Intermediate Appellate
justice. The Burial Assistance Program is a relief of Court, 176 SCRA 719.)
pauperism, though not complete. The loss of a member
of a family is a painful experience, and it is more painful ——o0o——
for the poor to be financially burdened by such death.
Resolution No. 60 vivifies the very words of the late © Copyright 2021 Central Book Supply, Inc. All rights
President Ramon Magsaysay “those who have less in reserved.
life, should have more in law.” This decision, however
must not be taken as a precedent, or as an official go-
signal for municipal governments to embark on a

7|Page