This case has been cited 1 times or more.
|
2016-01-11 |
PERALTA, J. |
||||
| The general welfare clause provides for the exercise of police power for the attainment or maintenance of the general welfare of the community. The power, however, is exercised by the government through its legislative branch by the enactment of laws regulating those and other constitutional and civil rights.[43] Jurisprudence defines police power as the plenary power vested in the legislature to make statutes and ordinances to promote the health, morals, peace, education, good order or safety and general welfare of the people.[44] The Latin maxim is salus populi est suprema lex (the welfare of the people is the supreme law).[45] Police power is vested primarily with the national legislature, which may delegate the same to local governments through the enactment of ordinances through their legislative bodies (the sanggunians)[46] The so-called general welfare clause, provided for in Section 16 of the Local Government Code, provides for such delegation of police power, to wit: Section 16. General Welfare. Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morale, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants. | |||||