CHURCHILL vs. RAFFERTY
Facts:
The case arises from
the fact that defendant, Collector of Internal Revenue, would like to destroy
or remove any sign, signboard, or billboard, the property of the plaintiffs,
for the sole reason that such sign, signboard, or billboard is, or may be offensive
to the sight. The plaintiffs allege otherwise. Was there valid exercise of
police power in this case?
Held:
Yes. There can be no
doubt that the exercise of the police power of the Philippine Government
belongs to the Legislature and that this power is limited only by the Acts of
Congress and those fundamentals principles which lie at the foundation of all republican
forms of government. An Act of the Legislature which is obviously and
undoubtedly foreign to any of the purposes of the police power and interferes
with the ordinary enjoyment of property would, without doubt, be held to be
invalid. But where the Act is
reasonably within a proper consideration of and care for the public health,
safety, or comfort, it should not be disturbed by the courts.
"The power vested
in the legislature by the constitution to make, ordain, and establish all
manner of wholesome and reasonable laws, statutes, and ordinances, either with
penalties or without, not repugnant to the constitution, as they shall judge to
be for the good and welfare of the commonwealth, and of the subjects of the
same."
"The police power
of the State, so far, has not received a full and complete definition. It may
be said, however, to be the right of
the State, or state functionary, to prescribe regulations for the good order,
peace, health, protection, comfort, convenience and morals of the community,
which do not ... violate any of the provisions of the organic law."
"It [the police
power] has for its object the improvement of social and economic conditioned
affecting the community at large and collectively with a view to bring about
"he greatest good of the greatest number."Courts have consistently
and wisely declined to set any fixed limitations upon subjects calling for the
exercise of this power. It is elastic and is exercised from time to time as
varying social conditions demand correction."
"It may be said
in a general way that the police power extends to all the great public needs. It may be put forth in aid of what is
sanctioned by usage, or held by the prevailing morality or strong and
preponderant opinion to be greatly and immediately necessary to the public
welfare."
"It is much
easier to perceive and realize the existence and sources of this police power
than to mark its boundaries, or to prescribe limits to its exercise."