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In City of Manila v. Laguio, Jr. the Court restates the tests of a valid ordinance
thusly:
As jurisprudence indicates, the tests are divided into the formal (i.e.,
whether the ordinance was enacted within the corporate powers of the LGU, and
whether it was passed in accordance with the procedure prescribed by law), and
the substantive (i.e., involving inherent merit, like the conformity of the
ordinance with the limitations under the Constitution and the statutes, as well as
with the requirements of fairness and reason, and its consistency with public
policy).
It is our position that the proposed ordinance of Kons Irene Del Rosario is
CONTRARY TO THE CONSTITUTION, ULTRA VIRES, a form of CLASS LEGISLATION
and did not pass the requirements of a valid ordinance for being unfair or
oppressive, partial, discriminatory and unreasonable.
Class legislation is such legislation which denies rights to one which are
accorded to others, or inflicts upon one individual a more severe penalty than is
imposed upon another in like case offending. (PP Vs. Nazario)
Aside from the fact that the penalty is unconscionable and excessive hence
unreasonable and oppressive, we would like to point out that the ordinance aims
to penalize any elected official, appointed employees of the city government
and baranggay. The question remains that what if an elected official or
appointed employee of another city or province have committed any of the
prohibited acts will he be penalized or not? What is the substantial distinction
between an elected official of the city and those that are not from the city?
(4) it must apply equally to all members of the same class. (Social Justice
Society Vs. Atienza)
Basing from all the legal basis discussed it is our position that the
questioned ordinance is unconstitutional for the reason that it violates the equal
protection clause wherein it only targeted specific individuals for prosecution as it
excludes those of the other administrations, past and present, who may be
indictable.