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Jejomar C. Binay, Et Al. Vs. Eufemio Domingo, Et Al.

HON. JEJOMAR C. BINAY and the MUNICIPALITY OF MAKATI, petitioners, vs. HON. EUFEMIO DOMINGO and the COMMISSION ON AUDIT, respondents. Jejomar C. Binay for himself and for his co-petitioner. Manuel D. Tamase and Rafael C. Marquez for respondents.

G.R. No. 92389 | 1991-09-11

D E C I S I O N


PARAS, J.:

The only pivotal issue before Us is whether or not Resolution No. 60, re-enacted under Resolution No. 243, of the Municipality of Makati is a valid exercise of police power under the general welfare clause.

The pertinent facts are:

On September 27, 1988, petitioner Municipality, through its Council, approved Resolution No. 60 which reads:

"A RESOLUTION TO CONFIRM AND/OR RATIFY THE ONGOING BURIAL ASSISTANCE PROGRAM INITIATED BY THE OFFICE OF THE MAYOR, OF EXTENDING FINANCIAL ASSISTANCE OF FIVE HUNDRED PESOS (P500.00) TO A BEREAVED FAMILY, FUNDS TO BE TAKEN OUT OF UN APPROPRIATED AVAILABLE FUNDS EXISTING IN...