Facts:

• The case involves the Provincial Governor of Rizal, the Provincial Commander of the Philippine Constabulary (P.C.) of Rizal, the Municipal Mayor of Makati, Rizal, and the Chief of Police of Makati, Rizal, as petitioners.
• Respondents are Judge Demetrio B. Encarnacion of the Court of First Instance of Rizal, Angela Songco, and Guadalupe Bernardino.
• On November 5, 1953, Angela Songco and Guadalupe Bernardino, owners of the Tropical Night Spot Cabaret in Makati, Rizal, filed an amended complaint (Civil Case No. 2501) in the Court of First Instance of Rizal.
• They sought an order compelling the Mayor and the Chief of Police of Makati, along with the Provincial Commander and the Provincial Governor of Rizal, to allow them to operate their cabaret.
• Plaintiffs argued that their cabaret was closed by the defendants on the grounds that it was located within a prohibited area as defined by Executive Order No. 319.
• They contended that other cabarets similarly situated were allowed to operate, making the order unjust and discriminatory.
• Plaintiffs also claimed that Executive Order No. 319 was null and void.
• On November 16, 1953, the respondent judge issued a preliminary writ ordering the Mayor of Makati to issue the necessary license for the cabaret's operation.
• Defendants' motion to dissolve the mandatory injunction was denied on November 25, 1953.
• Defendants filed a petition for certiorari with the Supreme Court, arguing several points, including the lack of authority of the Municipal Mayor to issue the permit under Executive Order No. 319, the involvement of the Executive Secretary who was not a party in the case, and the detrimental impact of the cabaret on public morals and order.
• The Supreme Court issued a resolution on December 3, 1953, restraining the enforcement of the judge's order.
• The case was set for oral argument on January 20, 1954.
• After hearing the arguments, the Supreme Court decided not to lift the injunction for several reasons, including the non-impleading of the Executive Secretary and the presumptive validity of Executive Order No. 319.
• The passage of Republic Act No. 979 on May 21, 1954, further prohibited the operation of the cabaret as it was located within 500 meters of public schools.

Issue:

• (Unlock)

Ruling:

• The Supreme Court ruled to revoke the lower court's orders of November 16, 1953, and November 25, 1953, thereby denying the operation of the Tro...(Unlock)

Ratio:

• The Executive Secretary, who had ordered the closure of the cabaret, was not impleaded in the lower c...continue reading