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G.R.No. L-6765

May 12, 1954

FULGENCIO VEGA and LEON GELLADA, plaitiffs-appellees,

Vs

THE MUNICIPAL BOARD OF THE CITY OF ILOILO, ET AL., ETC., defendants-appellants.

FACTS:

This is an action for a declaratory relief (under Rule 66 of the Rules of Court) to test the validity of Municipal Ordinance No. 35 of the City of Iloilo, enacted on July 13, 1951, which provides:

SECTION 1. No motor vehicle, for public or private use, with the exception of those owned and operated by the Republic of the Philippines, the Provinces of Iloilo, Capiz and Antique, and the municipalities thereto appertaining, the City of Iloilo, and those new motor vehicles offered for sale by dealers, but not used for transportation purposes by such dealers, shall use any street, road or highway within the territorial limits of the City of Iloilo without being provided with certificate issued by the Traffic Division of the Police Department of this City, stating that said vehicle has been inspected by said Traffic Division, and found to be provided with safe brakes and appurtenances making the use of the same travel worthy and sale for passengers and pedestrians alike. The certificate shall be attached or posted in a conspicuous place in the corresponding motor vehicle, preferably on the windshield glass facing the front.

SECTION 2. All owners and/or operators of the motor vehicles hereinabove mentioned must submit his motor vehicles for inspection by the Traffic Division of the Police Department of this City within ten days upon acquisition of the same from the original owner, and within the period from January 1 to February 28, and from July 1 to August 30 of each year if the same has previously been inspected and certified to be travel worthy by said Traffic Division.

SECTION 3. For the services rendered by the Traffic Division in the inspection and certification of any motor vehicle the owner or operator of the same shall pay to the City Treasurer a fee as follows:

For every automobile, jeep, jitney or station wagon for each semester	P3.00
For every truck per semester	5.00
For every motorcycle per semester	1.00

Provided, however, That no more than two inspection fees shall be charged within one year and all other inspections on the same vehicle shall be free of charge.

SECTION 4. All motor vehicles coming from outside of the territorial limits of this City for the first time shall immediately report for inspection to the Traffic Division, and the permanent of the required fee may be made within ten days from the date of said inspection, and the issuance of the certificate shall not be delayed for non-payment when and if said motor vehicles are found to be travel worthy and a sufficient personal bond for the payment of the required fee is filed with and accepted by the Chief of Police or his authorized agent.

SECTION 5. Failure to comply with the provisions of this ordinance shall be punished with a fine not less than ten pesos (10.00) but not more than two hundred (P200.00) or an imprisonment not exceeding six (6) months, or both fine and imprisonment at the discretion of the Court.

SECTION 6. This ordinance shall take effect upon approval. (Pp 12-15, Record on Appeal

ISSUES:

1.       Plaintiffs-appellees question the validity of the Municipal Ordinance upon the ground that the Municipal Boardof the City of Iloilo has no authority to promulgate it.

2.       This appealis taken by the defendants who maintain that the Municipal Board of the City of Iloilo is empowered to pass the ordinance in questionunder  section 21 of its charter, Commonwealth Act No. 158. The provisions thereof relied upon by the appellants read:

SEC. 21. General powers and duties of the Board. — Except as otherwise provided by law, and subject to the conditions and limitations thereof, the Municipal Board shall have the following legislative powers:

(cc) To regulate any business or occupation and to require license from persons engaged in the same or who exercise privileges in the city, by requiring them to secure a permit for a license at the rate fixed by the Municipal Board, and to prescribe the conditions under which said permits for licenses may be revoked

HELD:

                The foregoing paragraph (cc) is limited, however, to the power to regulate "any business or occupation" whereas, obviously, the use of a street, road or highway by a motor vehicle is neither a business nor an occupation. Hence, it is clear that said paragraph (cc) is not in point.

                Moreover, said Commonwealth Act No. 158 explicitly empowers the Municipal Board of the City of Iloilo to require inspection and to charge fees therefor in certain specified cases. However, among the cases, the inspection of motor vehicles and collection of fees therefor is not included. . Consequently, the power to authorize same must be considered denied under the principle expressiouniusestexclusioalterius.

                Municipal corporations in the Philippines are mere creatures of Congress. As such, said corporations have only such powers as the legislative department may have deemed fit to grant them. By reason of the limited powers of local governments and the nature thereof, said powers are to be construed strictly and "any doubt or ambiguity arising out of the term used in granting" said powers "must be resolved against the municipality.

                Accordingly, the lower court did not err in declaring that the ordinance in question is ultra vires.

Wherefore, the decision appealed from is hereby affirmed, without special pronouncement as to costs.