Viray Vs City of Calocan
Viray Vs City of Calocan
Viray Vs City of Calocan
Facts: Plaintiffs instituted the present appeal, questioning the authority of the City of Caloocan to impose a fee of P10.00 or P5.00 as the case may be, for every cadaver coming from other places and buried in private cemeteries within that city. It appears from the records that in addition to a burial permit costing P0.50, each of herein plaintiffs-appellants was required to pay, and in fact did pay, so-called entrance fee for the burial of his relative at the La Loma cemetery, a burial place not owned by the city government of Caloocan, allegedly pursuant to Ordinance No. 94, series of 1962 Issue: whether or not the additional fee violates equal protection clause Held: Yes, While undeniably the above-described activity of city officers is called for by every funeral procession, yet we are left without explanation why the Ordinance should collect the prescribed fees solely in the case of cadavers coming from places outside the territory of Caloocan City for burial in private cemeteries within the City. Surely, whether the corpse comes from without or within the City limits, and whether interment is to be made in private or public cemeteries, the City police must regulate traffic, And must use their City cars or motorcycles to maintain order; and the City streets must suffer some degree of erosion. Clearly, then, the ordinance in question does unjustifiably discriminate against private cemeteries, in violation of the equal protection clause of the Constitution, a defect adequate to invalidate the questioned portion of the measure
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