Binay vs Domingo

Facts: the council of makati issued and approved a resolution which aims to give
burial assitance to those families who lost their loved ones. Families who can
avail of such program is limited to those who has family income below 2,000 pesos
per month. The resolution is then referred to the respondent commission on audit,
but it was denied. In response to the the disallowed allowance, Mayor Jejomar Binay
wrote a letter to coa defending the resolution on the basis of.

1. The Resolution made by the council is based on parens patriae and police power.
2. The Metropolitan Manila Commission already approved the resolution through the
issuance of a certification dated june 5, 1989 and the only job of coa is to do its
function and release the allowance.

COA COUNTER ARGUMENT

1.
Respondent coa states that the first contention is untenable. Because a statue or
ordinance must have a real and substantial or rational relation to public safety
health and morals or general welfare to be considered as a legitimate exercise of
police power. Mere assertion by the legislature that a statute relates to public
safety health and morals or general welfare does not justify the resolution, there
be an obvious and real connection between the actual provision and the police
power.Here we see none.

2.The second contetion coa stressed that resolution 60 is still subject to the
limitation that the expidenture covered should be for public purpose that the
amount of 500 pesos of burial assitance to a breaved family of the municipality of
makati should be for the benefit of the whole, if not the majority of the
inhabitants of municipality and not for the benefit of few individuals.

still the burial assitance program of the municipality of makati re-affrimed their
resolution. however the COA still denied the budet release. the petitioner through
the mayor of makati filed a special civil action of certiorari praying that the
decision of COA be set aside as null and void.

Court Answer

Police power is inherent to the state but not in municipal corporation. However
municipal corporation through delagation of the of legislature which is the
repository of inherent powers of the state can exercise police power.

A valid delegation of power may arise from express delegation or be infered from
the mere fact of the creation of the municpal corporation and as a general rule
municipal corporation may exercise police power with fair intent to reasonably
give effect to the powers expressly granted to them through statutes. Those
conferred powers by express delegation is necessary to implement essential actions
for the enjoyment of life and desirable for the safety of the people.(EXPRESSLY
DELEGATED POLICE POWER). The inferred police power is drawn out from the express
power, the infence of their delegation grows out of the the fact that municipal
corporation can only fully accomplish the objects of its creation by exercising
such powers.