GR 45435; (June, 1938) (Digest)
G.R. No. 45435; June 17, 1938
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant, vs. REMIGIO B. CHAN, defendant-appellee.
FACTS
The accused, Remigio B. Chan, as manager of the Capitol Theatre (a first-run cinema on Escolta, Manila), was charged and convicted in the municipal court for violating Manila Ordinance No. 2347, which prohibited first-run cinemas from selling tickets beyond their registered seating capacity. On appeal to the Court of First Instance, the accused filed a demurrer, arguing the ordinance was unconstitutional for being discriminatory, as it imposed the restriction only on first-run cinemas and exempted others. The trial court agreed and dismissed the information. The fiscal appealed to the Supreme Court.
ISSUE
Whether Manila Ordinance No. 2347, which prohibits the sale of tickets in excess of seating capacity only by first-run cinemas, is discriminatory and unconstitutional.
RULING
No. The ordinance is a valid exercise of police power and is not unconstitutional. The classification between first-run cinemas and others is based on substantial distinctions and is germane to the law’s purpose. First-run cinemas, which exhibit films for the first time, attract larger crowds, creating a greater need to prevent overcrowding and ensure public safety. The classification is reasonable, applies equally to all members of the class (first-run cinemas), and is not arbitrary. The ordinance is therefore valid. The Supreme Court reversed the trial court’s order and remanded the case for further proceedings.
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