Supreme Court Decisions, Vega et al vs. The Municipal Board of the City of Ilo-ilo - Justice Conception.pdf · Rare Periodicals

Supreme Court Decisions, Vega et al vs. The Municipal Board of the City of Ilo-ilo - Justice Conception.pdf

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extracted text: IX Fulg~11cio Veua a1Ul Lerm Gellffda, Plaintifj11.Appdlecs, vs. The Municipal Bot1rd of the City of lloilo et af., etc., D1Jfendants Appellants, G. R. No. L-6765, Ma,y 12, 1954, Concepcion, J. 1. MUNICIPAL CORPORATIONS; POWERS AND DUTIES OF; POWERS STRICTLY CONSTRUED. - Municipal corporations in the Philippines are mere creatures of Ccng~·ess. As such, said corporations have only such powers as tlle legislative department may have deemed fit to grant them. By rer.son o( tlie limited JlOwers of local g(lvcrnments and thP nature thnt:vf, said powers a.re to be construf-d strictly and "any doubt or ambiguity arising out of the terms used in grunting" s:i.icl powers "must be resolved agninst the municipalit'y," 2. ID.; POWERS AND DUTIES OF THE MUNICIPAL BOARD OF THE CITY OF ILOILO. - Section 21 of Comn1onwealth Act No. 158, creating the chartr.r of the City of lloilo, limits t'he power of the Municipal Board to regulate "any bu&iness or occupc.tion"; obviously, the 1,1se ct a street, road or highWay hr a motor vehicle is neither a. business nor an occupation. S. ID.; POWER TO INSPECT l\IOTOR VEHICLES; COMMONWEALTH ACT NO. 158 SUBJECT TO LIMITATIONS OF' ACT _ NO. 3992.-Ac_ t No. 3992. as amended by Repul:ilic Act No. 587, grants the Di1·ector of Public Works, among others, the pcw"r to determine whether a motor vehicle is in such a condition a!I to be safe for its passengers and the public in general . Considering the general t'em;r of the prevision!! of 11aid At't, as· well as those of the Charter of the City of lloilo, Congress did not intend to clothe the fatter wit'h authority to impose certain requirements - in addition to those p1·ovided in Act No. 39!'12, as a.mended - as a condition precedent \'o the use of motor vehicles within the limits of the City of lloi\o. Filemon Ret1•treccion for the defendants and appel~ants. I~1ds G. Hofilmia for the plaintiffs and appellees. DECISION CONCEPCION, J.: This is an aeti.on for a declaru\.'ory relief (under Rule 66 of the Rules of Court> to test the validity of Municipal Ordinance No. 35 of the City of lloilo, enacted on July 12, 1951, which provides: ··section 1. No motor vehicles, whether for public or private usa, with the exception of those owned and operR.ted by the Republic of the Philippines, the Provinces of Iloilo, Capiz and Antique, and the municipalil.'ies thereto appertaining, the City of Iloilo, and those new motor vehicl<'s offered for sale by dealers, but not used for transportation purposes by such dealers. shall use any street, road or highw:i.y within the territorial limits of the City of Iloilo without being provided with certificate issued by the Traffic Division of the Police Depa.rt\nent of this City, • stating that said vehicle 'has been inspected by said Traffic Division, and found to be provid-2d with safe brakes and appurte. nances making the use of the same travel wortlly and safe for passengers and pedestrians alike. The certificate shall be at .. tached or posted in a conspicucu1; place in th~ corresponding motor vehicl~, preferably on th<! wir.dshield glas:i facing the frC'nt. "Section 2. All owners and/or C1peralor,;; of the motor vehicles hereinabove mentioned must submit his motor vehicles for insnection by the Traffic Division of l'he Police Dl!partment of this City within ten days upcn acquisition of the same from the origins.I owner, and witllin the period from January 1 to February 28, and from July 1 to August' 30 of each year if tne same has previously been mspected and certific:d tv be trave! worthy by said Traffic Division. "Section 3. For the services rendered by the Traffic Division in the inspection and certification of any motor vehicle the owner or flperator of tht> samt> shall pay to the City Treasurer a f~e as follows: "For every automobile, jc<'p, or station wagon for ---~...... ~00 "For evury truck per semester 5. 00 "For ev<'ry motorcycle per semester 1. Of• "Provided, however, that no more than twv inspection fF:es shall be charged within one year an·d all other inspections on the same vehicle shall be free of charge. "Section 4. All motor vehicles coming from outside of thto territorial limits of thi.! City lor the first time shall immediately repPrt fot inspection to the Tratfic Division, and l'he payment of the required fee may be made within ten day9 from the date of said inspection, and the issuar.ce of the certifica\.'e shall not be delayed for non-nayment when and if said motor vehicles are found to be travel worthy and a sufficient personal OOnd f(lr the payment of tile required foe is fiJ:ed with and accepted by the Chief of Police or his authorized agent. "Section 5. Failure to cvmply with the provisions of this ordinance shall be punished with a fine not less than \.'en pesos (Pl0.00) but not more than two hundred 1iesos <P200.00) or an imprisonment not excC'eding £ix <6> months or both fine a.nd imprisonment at t'he discretion ".lf the court." "ScC'tion 6. This or<linanc~ shall take effe~~ upon approval.'' <pp. 12-15, Record on Appeal.) The cai::e was commenc~d in tht> Court of First lnst:mce of lloilo by Fulgencio Vega and LC::on Gellada, who own motor vehicles and are affected hy the enforcement' of s:iid ordinance. They question the validity th~reof upon the i?round that the Municipa.l Board of the City of llcih - · which wns made defendant, in addit'ion to the City Mayor - h::.s no authority to prc-muigr..te it . 0:1 motion of the 'plaintiffs, and without objection on l'he part of the defendants, the case was submitt1::d for decision on the pleadings, the only issue raised thHein being one purely of law. Thereafter, said court, presided o\·er by H~norable Qucrubc l\1akalint.al, then Judge, rende1ed judgment: for the p'aintiffs. Hence, this appeal, taken by the jefendants, who maintain thnt the municipal Bo~rd of the City of lloil•J is em. 11owered to pass 01·dinance in question, under section 21 of its charter Commonw~rn.lth Act No. 158. The provisions tbereof relied upon by appella.nts read: "SEC.. 21. Gener'll 71ow.::1·s nnd duties of the Baard. - Except as otherwise provided by law, and subject to the con- ' ditions and limi\.'ations thereof, the Municipal Board shall have the following legislative powers: "taa> To eni;ct all ordinances it may deem necessary and pl.'oper for the sanitation and snfety, the furtherance of t.he prospf'rit'y and the promotion of the morality, peace, good order, comfort, convenience, and general welfare of the city and it!! inhabitants, and such otht>rs as may be necessary to carry into effect and discharge the powJ?rs and duties conferred by tbis charter; and to fix penalties for the violation of oJ"dinances, which shall not exceed a fine of two hundred pesos. or six months' imprisonment, or bot'h such fine and imprisonment, for each offense. ''!cc) To regulate any business or occupation and to require license from persons engaged in the same or who exercise privileges in the city, by requiring them to secure a permit for o. license at the rate fixed by t'he Municipal Board, and to prescribe the conditions under Which said permits for licenses may be revoked." The forcgPing paragraph (cc) is limited, however, to the power to regulate "any business or occupation" whereas, obviously, the u~e of a st'l.'ect, road or highway by a motor vehicle is neither a. t.usii~t:ss nor an occupation. Hence, it is clear that said paragraph {cc) i~ not in point. As regards paragraph laa), the same is a counterpart of section 2238 of the Revised Administrat~ve Code, otherwise known as the "General Wdfare Clause" for regularly organized municipalities. In the case of People vs. Esguerra et al. {45 Off. Gaz. 4949), it was t.eld t' at a municipal council may not valid~y enact an or,!inance "piohibiting," among other things, l'he manufacture, productfon, aalr:, barter, giving or possession of intoxicating liquoL·, the power of August 31, 1954 THE LA WYERS JOURNAL 419 said body being limited, by section 2242(g) of the Revised Administrative Code, to the "regulation" - which does not include the "prohibition" - of said acts, and that the police power ander the general welfare clause does not amplify said authority or remove the limifution thus imposed by spr:cific provision of law. Under Commonwealth Act No. 158, the authority of the Municipal Board of the Cit.'y of lioilo in relation to motor vehicles, is found in subdivision (m) of section 21 of said Act which grants said board the power "(m) To t'ax motor and other vehicles, notwithstanding provisions to the contrary conta.inl;!d in Act Numbered Thirtrnine hundred and ninety-two, and draft animals not paying any national tax: Provided, however, That all automobiles and trur.ks belonging to the National Government, and also automobiles or trucks not regularly kept in the City of Iloilo shall be exempt from such tax." This power of taxation is distinct and different from the police power, under which, appellants claim, the ordinance in question was allegedly approved. Moreover, said Commonwealth Act No. 158 explicitly empowers the Municipal Beard of the City of Iloilo to require inspection and to charge fees therefor in rert'a.in specified case1. Thus, 1aid section 21 authorizes said board: "(n) To regulate the method of using steam engmcs anrt boilers, other than marine or belonging to the Federal or National Government: to provide for the inspection thereof, and a reasonable fee for such inspection, and to regulate n.nd fix the fees for the licenses of the engineers engaged in operating th~ <Underscoring supplied.> "(s) To regulate the inspection, weighing, and measuring of brick, coal, lumber, and :>ther articles of merchandise. "Ct') x x x to provide for the inspection of, fix the: licPnse fees for and regulate the openings in the same for the laying of gas, water, sewer, and other pipes, the building a.nd repair of tunnels, sewers, and drains, and all structure .. in and unaer the same, and the erecting of poles and the stringing of wires thnein; xx x. · "(w) To regulate, insvect, and provide measures preventing any discrimination or the exclusion of any race or races in or from any institution, establishmenr, or service open to the public within the city limits or in the se.le and supply of gas or electricity, or in the telephone and street.railway service; to fix and regulate charg1::s therefor where the same have nn; been fixed by laws of the National Assembly; to -regulate and proVide f.r tJu iupection of all gas, electric, telephone, and street-railway conduits, mains, meters, and other apparatus, and provide for the cor.dem!lation, substitution or removal of the same when defective or dangerou,s." Among these cases, the inspection of motor vehicles and the collection of fees therefor is not included. Consequently, the power to authorize same must be considered denied under the principle ex. pressio uniu.s est ezclusio alterius. Indeed, the powers enumerat'ed in said section 21 of Cemmonwealth Act No. 158, including, therefore, the police power under the 1reneral welfare clause therein incorporated, are granted "except aa otherwise provided by law and subjed to t'he conditions and limitations thereof." In this connection, section 70(b) of Act No. 3992, as amended by section 17 of Republic Act No. 587, positively ordains thaC: "No other taxes or fees than those prescribed in thi'i Act shall be imposed for the registrt:tion or operation or on the ownership of any motor vehicle, or for the exercise of the profession of chauffeur, by any municipal corporation, the p1·0visions of any city charter b the contra1·y notwithstanding: Provided, howe1ier, That any provir.dal board, city or municipal council or board, or other cor11pttf'nt authority may exact and collect such real'!onable and equitable toll fees for the use of such bridges and ferries, within their respecth·e jurisdictions, as may be authorized and ap;H'oved by the Secretary of Public Works and Communications, and also for the US\! of such public roads, as may be authorized by the President of the Philippines upon recommendation of the Sect·etary of Public Works and Communications, but in none of these cases, shall any toll fees N! charged or collected until and unless the approved schedule of tolls shall have been posted legibly in a conspicuous place at such t:oll station." The qualification "the provi.!lion:i of any city charter to the contrary notwithstanding" leaves no room for doubt that t.'he provisions of Commonwealth Act No. 158, and its general welfare clam~e, u11.der section 21Caa), are subject to limitations thus imposed by Act No. 3992, a.s amended by R12.public Act No. 587. This wnstniction becomes even more imperative when we consicier that, pursuant to said Act No. 3992, "No' mot:or vehicle shall be used or operated on, or upnn any public highway of the Philippine Islands unless the same is properly 1egistered for the current year in accordance with the previsions of this Act" <Sec. 5[a]), and that section 4 of the s:i,me Act: place& the Director of Public Works "in charge of the administr.ation" of its provisions, and grants him, among others, the power "<hl x x x at any time t:o examine and inspect any motor vehicle, in order to determine whether the same is unsightly, unsafe, overloaded, improperly marked or equipped, or otherwise 1m/it ti) be operated because r:if possible danger to the ch.<mffeur, Co the passengers, or the public; or because of fl"ssible excessive danmge to the highways, bridges or culverts." <See. 5, Act No. 3992.> Thus, the power to determine whether a motor vehicle is in such a condiifon as to be safe for its passengers and the public in general, is vesterl by Act No. 3!Hl2 in the Director oi Public Works. Considering the general tenor of the provisions of said Act, as well as those of the charter of the City of Iloilo, we are not: pre11ared to hold tha.t Congress intended to clothe the latter wtt:h authllrity to impose certain r-?quirements - in addition to those provided in Aet' No. 3992, as amended - as .'\ cor.dition precedent to tl.e use of motor vehicles within the limits of t'he City of Ikilo. lt is even harder to believe that the latter w:l.s sought to b~ invented wit'h authority to (Jrdain that! the police department of lloilo shall check whether an offic~r of the Nation'!ll Govunment, namely the !Jirector of Publi<" Works, has complied with his duty to t:est the mechanical )Jroficiency of the safety devices of motor vehicles, on which the latter is supposed to be better qualified. Municipal corporations in the Philippines are mne creatures of Congress. As such, said corporations have only such powers as the legislative department may have deemed fit to gr;:.nt them. By reason of the limited powers of local governments and t'he natur~ thereof, said powers a.re to be construed strictly and "any doubt or embiguity arising out of the term used in grani:ir:~" said powers "must be resolved against the municipality. xx x (Cu Unjieng vs. Patstone, 42 Phil., pp. 818: 830; Pacific Commercial Co. ,.:.;. Romualdez, 49 Phil., pp. 917, 924; Batangas Transp0rtation Co. vs. Provincial Treasurer of BaCanga.s, 52 Phil., pp. 190, 196; B<tldwin n. Coty Council, :>3 Ala., p. 437; Statt' vs. Smith, 31 Iowa, p. 493; 39 Am. J nr., pp. 68, 72-73) ." Cic::ird vs. The City Council ')f Baguio and Thf' City of Baguio, 46 Off. Gaz., Supplement No. 11, pp. 320, 323.) Accordingly, the lower court did not err in declaring that the ordinar.ce in quesfion is ultra vires. WHEREFORF~. the decision 11ppealed from is hereby affirmed, without special pronouncement a.s to costs. IT IS SO ORDERED. Parwi, Pa.blo, Bengzon, Montemayor, Reyes, Jugo , B.iuti.sta Angelo and Labrad<>r, J.J., concur. Afr. Just~c Padilla did not take iiart. 420 THE LA WYERS JOURNAL August 31, 1954
Date: 1954
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