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Balacuit v. CFI of Agusan Del Norte GR No. L-38429

Ordinance No. 640 passed by the Municipal Board of Butuan City required theater owners to charge children aged 7 to 12 only half the adult ticket price for movies and performances. The theater owners challenged the ordinance as unconstitutional. The Court of First Instance declared the ordinance valid. However, the Supreme Court found that the ordinance unreasonably invaded the personal and property rights of the theater owners. Even if the interference seemed reasonable on its face, it unduly curtailed the owners' rights. As an unwarranted restraint of trade, the ordinance could not be upheld as a valid exercise of police power.

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185 views1 page

Balacuit v. CFI of Agusan Del Norte GR No. L-38429

Ordinance No. 640 passed by the Municipal Board of Butuan City required theater owners to charge children aged 7 to 12 only half the adult ticket price for movies and performances. The theater owners challenged the ordinance as unconstitutional. The Court of First Instance declared the ordinance valid. However, the Supreme Court found that the ordinance unreasonably invaded the personal and property rights of the theater owners. Even if the interference seemed reasonable on its face, it unduly curtailed the owners' rights. As an unwarranted restraint of trade, the ordinance could not be upheld as a valid exercise of police power.

Uploaded by

YieMaghirang
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Balacuit v. CFI of Agusan Del Norte GR No.

L-38429

Doctrine: LGU’s may not under the guise of regulation, unreasonably

FACTS:
the Municipal Board of the City of Butuan pass an ordinance penalizing any person, group of persons,
entity, or corporation engaged in the business of selling admission tickets to any movie or other public
exhibitions, games, contests, or other performances to require children between seven (7) and twelve
(12) years of age to pay full payment for admission tickets intended for adults  but should charge only
one-half of the value of the said tickets.
The Petitioners, theater owners, aggrieved by said ordinance, they file a complaint before the Court of
First Instance of Agusan del Norte and Butuan City assailing the constitutionalit of Ordinance No. 640.
The Court rendered judgment declaring Ordinance No. 640 of the City of Butuan constitutional and valid

ISSUE: W/n Ordinance No. 640 is valid?

HELD:

Ordinance No. 640 clearly invades the personal and property rights of petitioners for even if We could
assume that, on its face, the interference was reasonable, from the foregoing considerations, it has been
fully shown that it is an unwarranted and unlawful curtailment of the property and personal rights of
citizens. For being unreasonable and an undue restraint of trade, it cannot, under the guise of exercising
police power, be upheld as valid.


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