Case Digest (G.R. No. 150234)
Facts:
In Carlos Balacuit, Lamberto Tan and Sergio Yu Carcel v. Court of First Instance of Agusan del Norte and Butuan City and The City of Butuan, the petitioners, managers of Maya, Dalisay, Crown and Diamond Theaters in Butuan, challenged Ordinance No. 640, enacted by the Butuan Municipal Board on April 21, 1969. The ordinance prohibited theater operators from requiring children aged seven to twelve to pay adult ticket prices and imposed fines or imprisonment for violations. On June 30, 1969, petitioners filed Special Civil Case No. 237 in the Court of First Instance of Agusan del Norte and Butuan City seeking a declaration of the ordinance’s unconstitutionality and a temporary restraining order (TRO) against its enforcement. The trial court granted the TRO on July 14, 1969. Respondents answered on July 29, 1969, and the parties stipulated facts on January 30, 1973. On June 4, 1973, the trial court upheld the ordinance, dissolved the TRO, and dismissed the petitioners’ complaint. A mCase Digest (G.R. No. 150234)
Facts:
- Ordinance No. 640
- Passed by the Municipal Board of the City of Butuan on April 21, 1969.
- Prohibits ticket sellers from requiring children aged 7–12 to pay full adult admission fare, mandating a half-fare instead.
- Prescribes penalties for violation: fine ₱200–₱600 or imprisonment 2–6 months, or both; manager or agent liable if violator is corporation.
- Takes effect upon approval.
- Parties and Procedural History
- Petitioners: Carlos Balacuit, Lamberto Tan, Sergio Yu Carcel—managers of Maya, Dalisay, Crown, and Diamond Theaters.
- June 30, 1969 – Petitioners file Special Civil Case No. 237 in the CFI of Agusan del Norte and Butuan City, seeking to declare Ordinance 640 void and unenforceable.
- July 14, 1969 – Trial court issues temporary restraining order enjoining enforcement.
- January 30, 1973 – Parties stipulate facts.
- June 4, 1973 – Trial court upholds ordinance as constitutional, dissolves TRO, constrains fine to ₱200, and dismisses complaint with costs.
- November 10, 1973 – Trial court denies petitioners’ motion for reconsideration.
- Thereafter – Petitioners elevate case to the Supreme Court via petition for review.
Issues:
- Whether Ordinance No. 640 is ultra vires under City of Butuan Charter (R.A. 523, Sec. 15[n]) for fixing admission prices rather than imposing license fees.
- Whether the Municipal Board may invoke its general welfare clause (R.A. 523, Sec. 15[nn]) or delegated police power to regulate ticket prices for children.
- Whether the ordinance violates constitutional due process and property-right guarantees by unduly restraining trade and contract.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)