Home of ChanRobles Virtual Law Library

PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. 47089. June 26, 1940. ]

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PEDRO MALAZARTE, Defendant-Appellant.

Jose M. Peñas for Appellant.

Solicitor-General Ozaeta and Acting Assistant Attorney Adorable for Appellee.

SYLLABUS


1. MUNICIPAL ORDINANCE; POLICE POWER. — The permit is required where the private property to be fenced borders on public properties or properties affected with public interest, and the requirement is a legitimate exercise of the police power of the municipality. Chief Justice Shaw, one hundred years ago, observed that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be regulated that it shall not be injurious to the rights of the community. (Commonwealth v. Alger, 7 Cush., 53.) The permit in the present case is required by the ordinance to safeguard these rights.


D E C I S I O N


LAUREL, J.:


On September 7, 1935, the municipal council of Iriga, Camarines Sur, approved Ordinance No. 5, series of 1935, article 1 of which provides as follows:chanrob1es virtual 1aw library

ARTICULO 1.
Top of Page