Title
Homeowner's Association of the Philippines, Inc. vs. Municipal Board of the City of Manila
Case
G.R. No. L-23979
Decision Date
Aug 30, 1968
Homeowners challenged Manila's rental control ordinance as unconstitutional; Supreme Court ruled it void, citing indefinite duration and unreasonable property rights restrictions.

Case Summary (G.R. No. L-23979)

Ordinance Subject to Judicial Review

The case involves Municipal Ordinance No. 4841 of the City of Manila, enacted on December 31, 1963, to take effect January 1, 1964. The ordinance sought to regulate rental increases for lands and buildings primarily used for residential purposes amid a declared "state of emergency" due to housing scarcity and high cost of living. It limited rental increases to a proportionate amount based on assessed land and building values and imposed penalties, including fines and imprisonment, for violations. Notably, the ordinance exempted existing leases but subjected renewals to its provisions.

Lower Court Ruling and Grounds for Invalidity

The Court of First Instance declared the ordinance ultra vires, unconstitutional, illegal, and void ab initio. The grounds included:

  • The exclusive power to declare a state of emergency resides with Congress.
  • There was no existing state of emergency justifying such regulation.
  • The ordinance imposed an unreasonable and unjustifiable limitation on private property rights, encroaching on constitutional protections.
  • The City of Manila lacked authority to regulate rent increases to the extent dictated by the ordinance.
  • The general welfare clause in the City Charter does not authorize the ordinance’s provisions.

Supreme Court’s Approach to Constitutional Questions

The Supreme Court refrained from deciding whether the City had the power to declare a state of emergency or whether such a state existed. It emphasized that even assuming such powers and conditions, the ordinance remained illegal and unconstitutional due to the reasons explained in its opinion.

Legal Nature of Municipal Power and Constitutional Limitations

Municipal authority is primarily an exercise of police power, inherently involving some encroachment on individual liberties and property rights. As such, it must comply with constitutional safeguards and be reasonable. Regulations must be justified by legitimate public interest or welfare and proportionate to those demands. When enacted to address emergencies, such regulations must be coextensive in duration and scope with the emergency, acknowledging the inherently temporary character of emergencies.

Requirement of Temporality for Emergency Legislation

Citing domestic and foreign jurisprudence, the Court underscored the importance that emergency laws or ordinances have:

  • A definite and reasonable time limitation linked to the nature and duration of the emergency.
  • Avoidance of indefinite or permanent effects, as such would unlawfully convert temporary emergency measures into permanent law.
  • Historical precedent in the Philippines showed that emergency powers or measures without fixed duration were held unconstitutional (e.g., moratorium laws and executive orders with no time limits).

Precedents on Emergency Powers and Police Power Limitations

The Court cited prior rulings rejecting statutes and executive orders that imposed indefinite restrictions on private rights, including monetary obligations or regulations beyond a reasonable emergency period. It emphasized that the framers of the Constitution intended that emergency powers be temporary and limited, influencing the requirement that laws or regulations arising from emergencies contain specific duration measures.

Application to the Ordinance in Question

The ordinance at issue contained no fixed time limitation, effectively making the rental restrictions indefinite. This indefinite application conflicted with the principle that emergency legislation must be limited in time. Consequently, even if the City possessed emergency powers, the ordinance's failure to provide a reasonable temporal boundary rendered it unconstitutional.

On the Requirement to Notify the Solicitor General

Appellant argued procedural irregularity due to the absence of notification and involvement of the Solicitor General, as required in actions questioning the constitutionality of laws under Section 4, Rule 64, of the Rules o

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