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 Challenged — Essential Provisions

Municipal Ordinance No. 4841: (1) Declared a municipal “state of emergency” due to scarcity of residential lands and buildings and high cost of living; (2) Section 1 limited increases in rent of leased lands to no more than the proportionate increase in assessed value of the land; (3) Section 2 limited increases in rent of residential buildings (and the land on which they stand) to 10% per annum of assessed value; (4) Section 3 exempted existing leases at approval but subjected renewals/modifications after approval to the ordinance; (5) Section 4 provided criminal penalties (fines and imprisonment) and vicarious liability for officers of juridical persons.

Lower Court Ruling and Grounds

The Court of First Instance declared Ordinance No. 4841 ultra vires, unconstitutional, illegal and void ab initio, without pronouncement as to costs. The trial judge relied on several grounds: (a) the power to “declare a state of emergency” belongs exclusively to Congress; (b) there was no existing state of emergency to justify rental regulation; (c) the ordinance unreasonably and unjustifiably limited the use of private property and arbitrarily encroached on constitutional property rights; (d) the city’s power to regulate letting or subletting does not include the authority to impose prohibitions embodied in the ordinance; and (e) the general welfare clause in the City Charter did not sanction the measure.

Issues the Supreme Court Addressed and Those Reserved

The Supreme Court stated it was unnecessary to decide whether (i) the City of Manila had constitutional power to declare a state of emergency, or (ii) a state of emergency in fact existed. The Court expressly declined to decide or express an opinion on these particular contentions, observing that even assuming both the power and the existence of an emergency, the ordinance would still be illegal and unconstitutional for other reasons explained in the decision.

Legal Principle: Police Power and Constitutional Limits

The Court reiterated that municipal regulatory authority is an exercise of the police power, which necessarily curtails certain private liberties and property rights. Such exercise is constitutionally limited: regulations affecting individual rights must be “reasonable” and may only restrict rights to the extent “fairly required by the legitimate demands of public interest or public welfare.” When regulation is adopted to meet an emergency, the interference with private rights must be coextensive and coterminous with the emergency; emergency measures must be temporary and reasonably limited in time according to the nature and duration of the crisis.

Temporal Limitation Requirement for Emergency Measures

Relying on prior precedents (including Rutter v. Esteban and other cases), the Court emphasized that legislation or ordinances enacted to meet emergencies must specify a definite and reasonable period of effectivity. Without such a limitation, a temporary measure risks becoming a de facto permanent law, contrary to constitutional design, and thereby unconstitutional. The decision cited prior invalidations of laws and executive orders that lacked reasonable time limits or perpetuated temporary powers beyond the emergency for which they were granted. The Court reasoned that the framers’ insistence on limited duration for emergency delegations reflects the broader constitutional principle that extraordinary powers granted for temporary causes must themselves be temporary.

Application to the Ordinance — Indefiniteness and Unreasonableness

Applying these principles, the Court found that Ordinance No. 4841 lacked the necessary temporal limitation and was indefinite in scope. Even accepting for argument that an emergency existed, the ordinance did not confine its restrictions in time, rendering it susceptible to becoming permanent despite its ostensible emergency purpose. The Court held that such indefiniteness as to duration and breadth made the ordinance an invalid exercise of police power because it exceeded the permissible interference with private property and contractual freedom. The Court also referred to prior statutory practice (commonwealth and republic acts that imposed time-limited emergency measures) to underscore the accepted norm that emergency regulations be explicitly time-bound.

On Delegation, Municipal Power and Analogy to National Practice

The Court observed that the limitations applicable to the national government’s exercise of police power in emergencies naturally constrain powers delegated to municipal corporations. It noted that Philippine municipal law is in principle patterned after U.S. practice, where emergency municipal legislation must, in

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