Political Law—Law on Local Government
Makasiano v. Diokno property thus withdrawn from public use may
be used or conveyed for any purpose for which
Facts: The respondent of this case, municipal
other real property belonging to the local unit
of parañaque passed a ordinance authorized for
concerned might be lawfully used or conveyed.
the closure of the road of Paranaque and Metro
(Emphasis ours).
Manila. The ordinance was approved by the
municipal council, authorizing the use of city or Verily, the powers of a local government unit are
municipal road for flea market. not absolute. They are subject to limitations laid
down by the Constitution and the laws such as
The respondent municipality and Palanyag
our Civil Code. Moreover, the exercise of such
(cooperative) entered into an agreement to
powers should be subservient to paramount
operate and maintain the flea market.
considerations of health and well-being of the
The petitioner,Macasiano, wrote a letter to members of the community. Every local
discontinue the flea market. government unit has the sworn obligation to
enact measures that will enhance the public
The respondents filed to the trial court a joint health, safety and convenience, maintain peace
petition for prohibition and mandamus and order, and promote the general prosperity
The trial court uphold the validity of the of the inhabitants of the local units. Based on
ordinance. this objective, the local government should
refrain from acting towards that which might
Issue: whether the ordinance issued by prejudice or adversely affect the general
respondent municipality is valid. welfare.
Properties of the local government which are
devoted to public service are deemed public
and are under the absolute control of Congress US vs. Espiritusanto
(Province of Zamboanga del Norte v. City of
AUTHORITY OF MUNICIPAL COUNCILS TO
Zamboanga, L-24440, March 28, 1968, 22 SCRA
SUPPRESS GAMBLING; "TO PROVIDE AGAINST,"
1334). Hence, local governments have no
INCLUDES POWER TO PROHIBIT. — A municipal
authority whatsoever to control or regulate the
council acts within its power, as conferred by
use of public properties unless specific authority
the organic law, in enacting an ordinance
is vested upon them by Congress. One such
prohibiting the game called jueteng within the
example of this authority given by Congress to
limits of the municipality. The Municipal Code,
the local governments is the power to close
Act No. 82, section 39, authorizing
roads as provided in Section 10, Chapter II of
municipalities to provide against the evils of
the Local Government Code, which states:
gambling, should be understood to include the
Sec. 10. Closure of roads. — A local government power to prohibit games of chance and to make
unit may likewise, through its head acting necessary regulations to exterminate the evils
pursuant to a resolution of its sangguniang arising from the playing of prohibited games.
and in accordance with existing law and the
The defendant of this case appeal the decision
provisions of this Code, close any barangay,
of conviction for charging the defendant with a
municipal, city or provincial road, street, alley,
violation of municipal ordinance enacted by
park or square. No such way or place or any
the municipal council of Malabon.
part of thereof shall be close without
indemnifying any person prejudiced thereby. A
Political Law—Law on Local Government
Hence it is undeniable that the said municipal
council, in passing the said ordinance, did not
Section 19. eminent domain.
exceed its authority and kept strictly within the
powers conferred upon it by its organic law and
the general laws that deal with gambling.
MMDA v.Garin
The MMDA has no police power granted by the
Congress.
Section 5 of RA 7924 is understood by the lower
court and by the petitioner to grant MMDA
power to confiscate and suspend or revoke
driver’s licenses without need of any other
legislative enactment, such is an unauthorized
exercise power.
Parayno v. Jovellanos
A gas filling station in Calasiao owned by the
petitioner. Some resident petition to SB of said
municipality for the closure or transfer of the
station to another location. SB recommended
for the closure and transfer of the station.
The Court hold the zoning distinction of the
respondent municipality and invalidly used its
police power in ordering the closure/transfer of
the petitioner’s gas station.
