G.R. No. L-7830; January 24, 1913
THE UNITED STATES, plaintiff-appellee, vs. GREGORIO ABENDAN, defendant-appellant.

FACTS

Gregorio Abendan was convicted of violating Municipal Ordinance No. 105 of Cebu City. The complaint alleged that on or about October 26, he refused to comply with a second order from the Department of Sanitation requiring him to perform specific repairs and work necessary for the sanitary preservation of his house. The required work included installing a ventilator in an upper-floor closet, installing a closet on the lower floor, and putting bell-traps in the kitchens on both floors. The chief sanitary inspector testified that Abendan’s house was in an unsanitary condition and that Abendan had only partially complied with the order. Abendan admitted his failure to fully comply.

ISSUE

Whether Municipal Ordinance No. 105, as applied to Abendan, is unreasonable and oppressive, thereby rendering his conviction invalid.

RULING

No. The ordinance is valid. The municipality of Cebu had the authority under the Municipal Code to enact ordinances relating to sanitation and public health. The ordinance itself is within the scope of this authority and, on its face, is not contrary to fundamental law, statute, public policy, unreasonable, oppressive, partial, discriminatory, or in derogation of common right. The evidence presented, which was largely undisputed, was sufficient to warrant the sanitary order. There was no showing that the ordinance was applied to Abendan in a discriminatory, oppressive, or unreasonable manner compared to others in the locality. The judgment of conviction is affirmed.