The Law Aspirants

Ab honesto virum bonum nihil deterret

Homeowners’ Association of the Phils., Inc. vs. The Municipal Board of Manila, et al. and Villegas

By: John Willie Alferos

G.R. No. L-23979          

August 30, 1968


The Mayor and the Municipal Board of the City of Manila passed Municipal Ordinance No. 4841 on December 31, 1963, to take effect on January 1, 1964, declaring a state of emergency in view of the prevailing scarcity of lands and buildings for residential purposes in the City of Manila which shall provide housing accommodations especially for the poor at reasonable rates. An action was brought by the Homeowners’ Association of the Philippines, Inc. and its President, Vicente A. Rufino against the Mayor and the Municipal Board of the City of Manila to nullify the aforementioned Municipal Ordinance.


Whether or not Municipal Ordinance No. 4841 is constitutional?


The Court of First Instance of Manila rendered judgment declaring said ordinance “ultra vires, unconstitutional, illegal and void ab initio upon the ground that the power to “declare a state of emergency … exclusively pertains to Congress”; that “there is no longer any state of emergency” which may justify the regulation of house rentals; that said ordinance disconstitutes an unreasonable and unjustified limitation on the use of private properties and arbitrarily encroaches on the constitutional rights of property owners”; that the power of the City of Manila to “regulate the business of … letting or subletting of lands and buildings” does not include the authority to prohibit what is forbidden in said ordinance; and that the same cannot be deemed sanctioned by the general welfare clause in the City Charter.


April 2, 2012 - Posted by | Statutory Construction

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