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Cruz Vs Paras Case Digest

Vicente De La Cruz operated night clubs in Bocaue, Bulacan that employed hostesses. He challenged the constitutionality of Ordinance No. 84 that prohibited night clubs, arguing it deprived him of his right to a lawful business. Judge Paras initially issued a restraining order but later lifted it, declaring the ordinance valid under a law allowing municipalities to regulate amusement places. The Supreme Court ruled against Paras, finding the ordinance overly broad since it prohibited rather than reasonably regulated night clubs, which could have achieved public morals objectives through limited restrictions rather than an absolute ban. The title of the ordinance also indicated Bocaue could only regulate, not prohibit, cabarets.

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113 views1 page

Cruz Vs Paras Case Digest

Vicente De La Cruz operated night clubs in Bocaue, Bulacan that employed hostesses. He challenged the constitutionality of Ordinance No. 84 that prohibited night clubs, arguing it deprived him of his right to a lawful business. Judge Paras initially issued a restraining order but later lifted it, declaring the ordinance valid under a law allowing municipalities to regulate amusement places. The Supreme Court ruled against Paras, finding the ordinance overly broad since it prohibited rather than reasonably regulated night clubs, which could have achieved public morals objectives through limited restrictions rather than an absolute ban. The title of the ordinance also indicated Bocaue could only regulate, not prohibit, cabarets.

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Esnani Mai
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© © All Rights Reserved
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Vicente De La Cruz vs Edgardo Paras

G.R. No. L-42571-72 – 123 SCRA 569 – Political Law – Subject Shall Be Expressed in the Title – Police
Power Not Validly Exercise

Vicente De La Cruz et al were club & cabaret operators. They assail the constitutionality of Ord. No. 84,
Ser. of 1975 or the Prohibition and Closure Ordinance of Bocaue, Bulacan. De la Cruz averred that the
said Ordinance violates their right to engage in a lawful business for the said ordinance would close out
their business. That the hospitality girls they employed are healthy and are not allowed to go out with
customers. Judge Paras however lifted the TRO he earlier issued against Ord. 84 after due hearing
declaring that Ord 84. is constitutional for it is pursuant to RA 938 which reads “AN ACT GRANTING
MUNICIPAL OR CITY BOARDS AND COUNCILS THE POWER TO REGULATE THE
ESTABLISHMENT, MAINTENANCE AND OPERATION OF CERTAIN PLACES OF
AMUSEMENT WITHIN THEIR RESPECTIVE TERRITORIAL JURISDICTIONS”. Paras ruled
that the prohibition is a valid exercise of police power to promote general welfare. De la Cruz then
appealed citing that they were deprived of due process.

ISSUE: Whether or not a municipal corporation, Bocaue, Bulacan can, prohibit the exercise of a lawful
trade, the operation of night clubs, and the pursuit of a lawful occupation, such clubs employing hostesses
pursuant to Ord 84 which is further in pursuant to RA 938.

HELD: The SC ruled against Paras. If night clubs were merely then regulated and not prohibited,
certainly the assailed ordinance would pass the test of validity. SC had stressed reasonableness, consonant
with the general powers and purposes of municipal corporations, as well as consistency with the laws or
policy of the State. It cannot be said that such a sweeping exercise of a lawmaking power by Bocaue
could qualify under the term reasonable. The objective of fostering public morals, a worthy and desirable
end can be attained by a measure that does not encompass too wide a field. Certainly the ordinance on its
face is characterized by overbreadth. The purpose sought to be achieved could have been attained by
reasonable restrictions rather than by an absolute prohibition. Pursuant to the title of the Ordinance,
Bocaue should and can only regulate not prohibit the business of cabarets.

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