Appeal on Municipal Religious Ordices

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Act No. 469: Appeal on Municipal Religious Ordices

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Title Source: Supreme Court: Appeal on Municipal Religious Ordices

Law: Act No. 469

Decision Date: Oct 6, 1902

Act No. 469 authorizes provincial boards to hear and decide controversies arising from municipal ordinances regulating religious processions or closing cemeteries, with the power to confirm, modify, or nullify the ordinances, while the Court of First Instance can enjoin enforcement if the ordinances were enacted in bad faith or due to prejudice or hatred.

Judicial Intervention in Cases of Bad Faith or Prejudice

If an ordinance was enacted not for public good but due to bad faith, prejudice, or hatred, the Court of First Instance with jurisdiction over the municipality and province may intervene.
The Court can enjoin (prohibit) enforcement of the ordinance fully or partially based solely on demonstrated bad faith, prejudice, or hatred.
Such intervention requires a properly filed complaint.

Advisory Role of the Provincial Board of Health

For issues concerning public health related to the ordinance, the provincial board may request the opinion of the president of the provincial board of health.
The opinion of the provincial board of health president is advisory and not binding.

Expedited Legislative Procedure

Due to the public importance and urgency, the enactment of this law was expedited in accord with the procedures prescribed in an earlier act governing legislative processes (specifically section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," dated September 26, 1900).

Effectivity of the Law

The law took effect immediately upon its passage on October 6, 1902.

END