Case Summary (G.R. No. 7404)
Authority of Municipal Councils to Suppress Gambling
- Municipal councils possess the authority to enact ordinances that prohibit gambling activities, as conferred by the organic law.
- The Municipal Code, specifically Act No. 82, section 39, empowers municipalities to "provide against" gambling evils, which includes the power to prohibit games of chance.
- This authority allows councils to implement necessary regulations aimed at eradicating the negative impacts associated with prohibited gambling games.
Conformity with General Law
- The municipal ordinance prohibiting jueteng aligns with the provisions of Act No. 1757, which categorically prohibits certain games of chance.
- Jueteng is recognized as one of the games of chance that are absolutely banned under the general law, reinforcing the validity of the municipal ordinance.
Case Background and Proceedings
- The defendant, Isidoro Espiritusanto, was convicted for violating a municipal ordinance against jueteng after being found collecting wagers for the game.
- The case originated from a judgment in the justice of the peace court of Malabon, where Espiritusanto was fined and sentenced to subsidiary imprisonment.
- Following the conviction, the defendant appealed, claiming the ordinance was unconstitutional.
Defense Argument on Unconstitutionality
- The defense contended that the municipal council exceeded its authority under the Municipal Code by strictly prohibiting jueteng, which they argued was not within the scope of "providing against" gambling evils.
- The ordinance was claimed to be unconstitutional due to its failure to express its subject in its title, which the defense argued was a requirement under the law.
Court's Rationale on Ordinance Validity
- The court found that the ordinance was consistent with Act No. 1757, which prohibits games like jueteng, thus affirming the council's authority to enact such regulations.
- The court emphasized that the municipal council acted within its powers, as the ordinance aimed to suppress a game that is not subject to regulation but rather requires outright prohibition to mitigate social and moral harms.
Clarification on Ordinance vs. General Law
- The court clarified that municipal ordinances are local regulations and do not possess the ...continue reading