Binay Vs Domingo

Binay vs Domingo
GR. No. 92389
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: Whether Resolution No. 60 is a valid exercise of the police power under the
general welfare clause. Whether the questioned resolution is for a public purpose.
Whether the resolution violates the equal protection clause
RULLING:
The police power is a governmental function, an inherent attribute of sovereignty, which

was born with civilized government. It is founded largely on the maxims, "Sic utere tuo et
ahenum non laedas and "Salus populi est suprema lex. Its fundamental purpose is
securing the general welfare, comfort and convenience of the people. 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.
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.
Public purpose is not unconstitutional merely because it incidentally benefits a limited

number of persons. As correctly pointed out by the Office of the Solicitor General, "the
drift is towards social welfare legislation geared towards state policies to provide
adequate social services, the promotion of the general welfare, social justice as well as
human dignity and respect for human rights." The care for the poor is generally
recognized as a public duty. The support for the poor has long been an accepted exercise
of police power in the promotion of the common good.
There is no violation of the equal protection clause. Paupers may be reasonably

classified. Different groups may receive varying treatment. Precious to the hearts of our
legislators, down to our local councilors, is the welfare of the paupers. Thus, statutes have
been passed giving rights and benefits to the disabled, emancipating the tenant-farmer
from the bondage of the soil, housing the urban poor, etc. Resolution No. 60, re-enacted
under Resolution No. 243, of the Municipality of Makati is a paragon of the continuing
program of our government towards social justice. The Burial Assistance Program is a
relief of pauperism, though not complete. The loss of a member of a family is a painful
experience, and it is more painful for the poor to be financially burdened by such death.
Resolution No. 60 vivifies the very words of the late President Ramon Magsaysay 'those
who have less in 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
philanthropic orgy of inordinate dole-outs for motives political or otherwise.

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Binay vs Domingo

GR. No. 92389

The police power is a governmental function, an inherent attribute of sovereignty, which

Public purpose is not unconstitutional merely because it incidentally benefits a limited

There is no violation of the equal protection clause. Paupers may be reasonably

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