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Understanding Police Power and Local Governance

The document discusses the police power of local government units in the Philippines. It defines police power as the inherent authority of sovereignty to establish laws and ordinances for public welfare. The Local Government Code of 1991 delegated police power from Congress to local government units, giving them substantial control over local affairs as political subdivisions of the national government. The case of MMDA vs. BelAir Village Association concerns the MMDA ordering a private street and perimeter wall in a subdivision to be opened to public use, which the homeowners association sought to enjoin, to restrict the valid exercise of police power.

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Aleine Leilanie Oro
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91 views1 page

Understanding Police Power and Local Governance

The document discusses the police power of local government units in the Philippines. It defines police power as the inherent authority of sovereignty to establish laws and ordinances for public welfare. The Local Government Code of 1991 delegated police power from Congress to local government units, giving them substantial control over local affairs as political subdivisions of the national government. The case of MMDA vs. BelAir Village Association concerns the MMDA ordering a private street and perimeter wall in a subdivision to be opened to public use, which the homeowners association sought to enjoin, to restrict the valid exercise of police power.

Uploaded by

Aleine Leilanie Oro
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Police

Power
Test for Valid Exercise of Police Power
1. The interests of the public generally, as distinguished from those of a particular class, require
the valid exercise of police power; and
2. The means employed are reasonably necessary for the accomplishment of the purpose and not
unduly oppressive upon individuals
Do the means employed conform to the safeguards of the Bill of Rights for the protection of private
rights?
MMDA vs. BelAir Village Association
On December 30, 1995, respondent received from petitioner a notice requesting the former to open its
private road, Neptune Street, to public vehicular traffic starting January 2, 1996. On the same day,
respondent was apprised that the perimeter separating the subdivision from Kalayaan Avenue would be
demolished.
Respondent BelAir Village Association, Inc. (BAVA) is a nonstock, nonprofit corporation whose members
are homeowners in BelAir Village instituted a petition for injunction against petitioner, praying for the
issuance of a TRO and preliminary injunction enjoining the opening of Neptune Street and prohibiting
the demolition of the perimeter wall.
Police power
inherent attribute of sovereignty.
defined as the power vested by the Constitution in the legislature to make, ordain, and establish all
manner of wholesome and reasonable laws, statutes and ordinances, either with penalties or without,
not repugnant to the Constitution, as they shall judge to be for the good and welfare of the
commonwealth, and for the subjects of the same.
Local Government Code of 1991
A local government is a political subdivision of a nation or state which is constituted by law and has
substantial control of local affairs. It is a body politic and corporate one endowed with powers as a
political subdivision of the National Government and as a corporate entity representing the inhabitants
of its territory
Our Congress delegated police power to the LGUs in Sec.16 of the LGC of 1991.

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