Balacuit v. CFI Agusan del Norte
GR No. L-38429
June 30, 1988
Facts:
On April 21, 1969, the Municipal Board of the City of Butuan passed Ordinance No. 640, which penalizes persons and entities engaged in the business of selling admission tickets for movies or other public events who require children between the ages of 7 and 12 to pay full price. Petitioners are managers of theaters of the said city. They contended that the ordinance was unconstitutional and should not be enforced. The Municipal Board, on the other hand, insisted that it as a valid exercise of police power because as provided in RA 523, the Charter of the City of Butuan, the Board has the power to regulate and fix the amount of the license fees for theaters, cinematographs, etc.
Issue:
Is the act of the Municipal Board a valid exercise of police power?
Ruling:
No. To invoke the exercise of police power, not only must it appear that the interest of the public generally requires an interference with private rights, but the means adopted must be reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals. The ordinance was created to help parents who complain that paying full price for their children is too financially burdensome. This is not a public necessity. A police power legislation must be firmly grounded on public interest and welfare. There is nothing pernicious in demanding equal price for both children and adults. A lawful business or calling may not, under the guise of regulation, be unreasonably interfered with even by the exercise of police power.
It's a Ping Thing 