G.R. No. L-11092, December 24, 1915
THE UNITED STATES, plaintiff-appellee, vs. JOSE GASPAY, defendant-appellant.

FACTS:
Jose Gaspay, owner of a lot in Pastrana, Leyte, was charged twice with violating Municipal Ordinance No. 87, which required every lot owner to clean one-half of the street fronting and parallel to their property at least twice a month. Gaspay refused to comply after being notified on January 2 and June 5, 1914, leaving the street overgrown with weeds and rubbish. Convicted by the justice of the peace and, on appeal, by the Court of First Instance, he was fined. Gaspay appealed, contending the ordinance was unconstitutional, oppressive, and unreasonable.

ISSUE:
Whether Municipal Ordinance No. 87 of Pastrana, Leyte, is valid and constitutional in imposing upon lot owners the obligation to clean the adjacent half of the street.

RULING:
No. The Supreme Court declared Municipal Ordinance No. 87 null and void. The Court held that the Municipal Code ( Act No. 82 ) did not grant municipal councils the authority to compel lot owners to clean public streets. While municipalities have the power to regulate street use, prevent obstructions, and provide for street cleaning (subsections [j] and [l], Section 39), such public services must be performed by the municipality itself through administration, lease, or other meansnot shifted to private individuals. The ordinance was deemed unreasonable and unjust because it imposed the burden only on owners of lots fronting streets, exempting others (e.g., owners of rear lots) and the general public who also use the streets, creating an inequitable and discriminatory obligation. As the ordinance exceeded municipal powers and lacked equity, Gaspay was acquitted. The appealed judgments were reversed.