The only restrictions to an ordinance passed under the general welfare clause, as declared in

Salaveria, is that the regulation must be reasonable, consonant with the general powers and
purposes of the corporation, consistent with national laws and policies, and not unreasonable or
discriminatory.

G.R. No. 159110 December 10, 2013

VALENTINO L. LEGASPI, Petitioner,

vs.
CITY OF CEBU, T.C. (TITO) SAYSON AND RICARDO HAPITAN, Respondents.

x---------------x

G.R. No. 159692

BIENVENIDO P. JABAN, SR., and BIENVENIDO DOUGLAS LUKE BRADBURY

JABAN, Petitioners,
vs.
COURT OF APPEALS, CITY OF CEBU, CITY MAYOR ALVIN GARCIA,
SANGUNIANG PANLUNSOD OF CITY OF CEBU, HON. RENATO V. OSMEÑA, AS
PRESIDING OFFICER OF THE SANGGUNIANG PANLUNSOD and CITOM
CHAIRMAN ALAN GAVIOLA, AS CITOM CHIEF, CITOM TRAFFIC ENFORCER
E. A. ROMERO, and LITO GILBUENA, Respondents.

If the law itself unreasonably deprives a person of his life, liberty, or property, he is denied the
protection of due process. If the enjoyment of his rights is conditioned on an unreasonable
requirement, due process is likewise violated. Whatsoever be the source of such rights, be it the
Constitution itself or merely a statute, its unjustified withholding would also be a violation of due
process. Any government act that militates against the ordinary norms of justice or fair play is
considered an infraction of the great guaranty of due process; and this is true whether the denial
involves violation merely of the procedure prescribed by the law or affects the very validity of the law
itself https://www.lawphil.net/judjuris/juri2013/dec2013/gr_159110_2013.html

Such "becoming modesty" also forewarned that any declaration of unconstitutionality by an inferior
court was binding only on the parties, but that a declaration of unconstitutionality by the Court would
be a precedent binding on all

--------------------

In City of Manila v. Laguio, Jr.,18 the Court restatesthe tests of a valid ordinance thusly:

The tests of a valid ordinance are well established. A long line of decisions has held that for
an ordinance to be valid, it must not only be within the corporate powers of the local
government unit to enact and must be passed according to the procedure prescribed by law, it
must also conform to the following substantive requirements:
(1) must not contravene the Constitution or any statute;

(2) must not be unfair or oppressive;

(3) must not be partial or discriminatory;

(4) must not prohibit but may regulate trade;

(5) must be general and consistent with public policy; and

(6) must not be unreasonable.19

As jurisprudence indicates, the tests are divided into the formal (i.e., whether the ordinance
was enacted within the corporate powers of the LGU, and whether it was passed in
accordance with the procedure prescribed by law), and

the substantive (i.e.,involving inherent merit, like the conformity of the ordinance with the
limitations under the Constitution and the statutes, as well as with the requirements of
fairness and reason, and its consistency with public policy).

Section 16. General Welfare.- Every local government unit shall exercise the powers
expressly granted, those necessarily implied therefrom, as well as powers necessary,
appropriate, or incidental for its efficient and effective governance, and those which are
essential to the promotion of the general welfare. Within their respective territorial
jurisdictions, local government units shall ensure and support, among other things, the
preservation and enrichment of culture, promote health and safety, enhance the right of the
people to a balanced ecology, encourage and support the development of appropriate and
self-reliant scientific and technological capabilities, improve public morals, enhance
economic prosperity and social justice, promote full employment among their residents,
maintain peace and order, and preserve the comfort and convenience of their inhabitants.

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Sec. 5. Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees, and charges
subject to such guidelines and limitations as the Congress may provide, consistent with the basic policy of local autonomy. Such taxes,
fees, and charges shall accrue exclusively to the local governments

Under the now prevailing Constitution, where there is neither a grant nor a prohibition by statute, the tax power must be deemed to exist
although Congress may provide statutory limitations and guidelines. The basic rationale for the current rule is to safeguard the viability
and self-sufficiency of local government units by directly granting them general and broad tax powers. Nevertheless, the fundamental
law did not intend the delegation to be absolute and unconditional; the constitutional objective obviously is to ensure that, while the local
government units are being strengthened and made more autonomous, 6 the legislature must still see to it that (a) the taxpayer will not
be over-burdened or saddled with multiple and unreasonable impositions; (b) each local government unit will have its fair share of
available resources; (c) the resources of the national government will not be unduly disturbed; and (d) local taxation will be fair, uniform,
and just.