G.R. No. L-501-512; May 21, 1948
The People of the Philippines, plaintiff-appellant, vs. Timoteo Esguerra, et al., defendants-appellees.

FACTS

The defendants were charged with violating Municipal Ordinance No. 4, series of 1944, of Tacloban, Leyte, which prohibited the manufacture, sale, possession, or control of intoxicating liquors, including tuba. The informations variously alleged selling liquor to U.S. Army soldiers or possessing tuba without authority. The trial court declared the ordinance null and void, holding the municipal council had no power to enact it, and dismissed all cases. The prosecution appealed.

ISSUE

Whether Municipal Ordinance No. 4, series of 1944, which prohibits the selling and possession of intoxicating liquors, is valid.

RULING

No. The ordinance is ultra vires and null and void. Under the Revised Administrative Code, municipal councils have the specific power “to regulate the selling, giving away and dispensing of intoxicating… liquors at retail” (Section 2242[g]). The term “regulate” means to control, govern, or restrain, and does not include the power to “prohibit” or “suppress.” Since the municipality is granted only regulatory power, it cannot enact a total prohibition. The general welfare clause (Section 2238) cannot be invoked to justify the ordinance because it applies to matters not specifically covered elsewhere. Applying it here would render the specific grant in Section 2242(g) superfluous. The appealed orders dismissing the informations are affirmed.

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