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All Jurisprudence based

0 tracked cards Political and Public International Law

City of San Isidro passes Ordinance No. 2026-12 prohibiting the sale of single-use plastic bags in all market stalls, groceries, and kiosks within city limits, with penalties including fines up to PHP 100,000 and suspension of business permits for repeat violations. A local retailers association challenges that the ordinance is beyond the city’s police power and unduly burdens commerce and property rights. (a) Identify the controlling doctrine and the standard used to evaluate the validity of police power measures. (b) Explain the limits of police power, including due process and equal protection considerations, and the role of local government units under the Local Government Code. (c) Apply the doctrine to the facts: Is Ordinance No. 2026-12 a valid exercise of police power? Why or why not?

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The ordinance would be invalid due to violation of equal protection because it imposes different penalties on different retailers. The ordinance is valid only if it includes bonafide exemptions (e.g., for essential retailers) and provides due process safeguards; without these, it is invalid. The measure is invalid due to preemption by national environmental laws; local ordinances cannot regulate environmental protections if a national framework exists. Police power is the State’s plenary authority to regulate for public health, safety, morals, and general welfare; the standard is reasonableness—the measure must bear a substantial relation to a legitimate public welfare objective and must not be arbitrary, oppressive, or confiscatory; Local Government Units may enact such ordinances under the Local Government Code; Ordinance No. 2026-12 is a valid exercise if it is reasonably related to environmental protection and applied uniformly.

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