The Congress passed a law prohibiting the sale and distribution of alcoholic drinks within 100 meters from religious and educational institutions. A city enacted an ordinance increasing the coverage of the prohibition to 150 meters from any religious and educational institution. Is the city ordinance valid? Explain briefly. (5 points)
Suggested answer only. Not an official answer and not legal advice.
Yes, the city ordinance is valid. Under Section 16 in relation to Section 458 of the Local Government Code, local government units exercise delegated police power to regulate the sale and dispensing of liquor. To be
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Quick check
Is a city ordinance expanding a national law's prohibition radius on selling alcohol near schools from 100 meters to 150 meters valid?
The city ordinance is valid because local government units may enact supplementary police power regulations that impose stricter standards than national laws.
Which provision of Republic Act No. 7160 grants local government units the authority to enact police power measures for general welfare?
Section 16 of the Local Government Code grants local government units delegated police power under the general welfare clause.
Which of the following is NOT a requisite for the validity of a municipal ordinance?
Prior judicial approval is not a legal requisite for the constitutional validity of a municipal ordinance.
When does a local ordinance conflict with or contravene a national statute?
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Under Section 458 of the Local Government Code, what authority do Sangguniang Panlungsod possess regarding public morals and liquor?
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Learn more about these topics
1. Delegated Police Power
Under Section 16 of the Local Government Code (Republic Act No. 7160), local government units exercise delegated police power through the general welfare clause. This authority empowers local legislative bodies to enact ordinances necessary to promote health, safety, morals, and general welfare within their territorial jurisdiction. Local governments possess police power to regulate businesses and commercial activities, including the sale, distribution, and consumption of alcoholic beverages near sensitive public places like schools and churches.
2. Requisites Of Ordinance
To be constitutionally and statutorily valid, a municipal ordinance must satisfy six essential requisites: it must not contravene the Constitution or any statute, must not be unfair or oppressive, must not be partial or discriminatory, must not prohibit but may regulate trade, must be general and consistent with public policy, and must not be unreasonable. An ordinance that supplements a national statute by prescribing stricter local standards does not contravene state law.
3. Statute And Ordinance
A local ordinance does not conflict with a national statute merely because it imposes additional or more stringent regulations. When a national law sets a minimum prohibition distance, such as a 100-meter restriction around educational and religious institutions, local government units may validly expand that radius pursuant to local police power. As established in jurisprudence, municipal regulations that supplement national laws to provide greater protection for public morals and welfare are valid.