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    Balacuit Vs CFI

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    Winly Supnet
    The document summarizes a Supreme Court case that ruled an ordinance passed by the Municipal Board of the City of Butuan unconstitutional. The ordinance required children aged 7 to 12 to pay full price for admission tickets to movies and other public performances. Petitioners challenged the ordinance, arguing it interfered with business operations. The Court agreed, finding that while businesses can be reasonably regulated, the ordinance's pricing requirements were an oppressive interference with property rights and management of private businesses.

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    Balacuit Vs CFI

    Uploaded by

    Winly Supnet
    349 views2 pages
    The document summarizes a Supreme Court case that ruled an ordinance passed by the Municipal Board of the City of Butuan unconstitutional. The ordinance required children aged 7 to 12 to pay full price for admission tickets to movies and other public performances. Petitioners challenged the ordinance, arguing it interfered with business operations. The Court agreed, finding that while businesses can be reasonably regulated, the ordinance's pricing requirements were an oppressive interference with property rights and management of private businesses.

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    Political Law

    Original Title

    Balacuit vs CFI

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    The document summarizes a Supreme Court case that ruled an ordinance passed by the Municipal Board of the City of Butuan unconstitutional. The ordinance required children aged 7 to 12 to pay full price for admission tickets to movies and other public performances. Petitioners challenged the ordinance, arguing it interfered with business operations. The Court agreed, finding that while businesses can be reasonably regulated, the ordinance's pricing requirements were an oppressive interference with property rights and management of private businesses.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    349 views2 pages

    Balacuit Vs CFI

    Uploaded by

    Winly Supnet
    The document summarizes a Supreme Court case that ruled an ordinance passed by the Municipal Board of the City of Butuan unconstitutional. The ordinance required children aged 7 to 12 to pay full price for admission tickets to movies and other public performances. Petitioners challenged the ordinance, arguing it interfered with business operations. The Court agreed, finding that while businesses can be reasonably regulated, the ordinance's pricing requirements were an oppressive interference with property rights and management of private businesses.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    You are on page 1of 2

    G.R. No.

    L-38429 June 30, 1988



    CARLOS BALACUIT, LAMBERTO TAN and SERGIO YU CARCEL, petitioners-
    appellants,
    vs.
    COURT OF FIRST INSTANCE OF AGUSAN DEL NORTE AND BUTUAN CITY, Branch
    11, and the CITY OF BUTUAN, respondents-appellees.

    Facts:
    A petition for review was filed questioning the validity and constitutionality of
    Ordinance No. 640 passed by the Municipal Board of the City of Butuan on April 21,
    1969, which penalizes any person, group of persons, entity, or corporation engaged in
    the business of selling admission tickets to any movie or other public exhibitions,
    games, contests, or other performances to require children between seven (7) and
    twelve (12) years of age to pay full payment for admission tickets.
    Aggrieved by the effect of the ordinance herein petitioners filed a special civil action in
    the Court of First Instance of Agusan del Norte and Butuan City, praying the subject
    ordinance be declared void and unconstitutional.
    The Court of First instance upheld the validity and constitunality of the subject
    ordinance. Motion for reconsideration filed by herein petitioner was denied hence this
    petition.
    Issue:
    Whether or not Ordinance No. 640 is a valid exercise of police power of the local
    municipal board?
    Held:
    No, the subject ordinance is not a valid exercise of police power.
    While it is true that a business may be regulated, it is equally true that such
    regulation must be within the bounds of reason, that is, the regulatory ordinance
    must be reasonable, and its provisions cannot be oppressive amounting to an
    arbitrary interference with the business or calling subject of regulation. A lawful
    business or calling may not, under the guise of regulation, be unreasonably interfered
    with even by the exercise of police power. A police measure for the regulation of the
    conduct, control and operation of a business should not encroach upon the legitimate
    and lawful exercise by the citizens of their property rights. The right of the owner to fix
    a price at which his property shall be sold or used is an inherent attribute of the
    property itself and, as such, within the protection of the due process clause."" Hence,
    the proprietors of a theater have a right to manage their property in their own way, to
    fix what prices of admission they think most for their own advantage, and that any
    person who did not approve could stay away.

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