Lopera vs. Vicente

A municipal council may by ordinance require cabarets to be located more than 200 lineal meters from public buildings, schools, hospitals, and churches, because Section 1 of Republic Act No. 1224 fixes only a minimum distance and leaves the determination of a greater, locally appropriate distance to municipal discretion in furtherance of the general welfare.

Teodora Lopera was the operator of a cabaret in Puerto Princesa, Palawan, where Severino E. Vicente served as municipal mayor and Cayetano Valones as municipal treasurer. Republic Act No. 1224 empowered the municipal council of each municipality to regulate or prohibit by ordinance the establishment, maintenance, and operation of cabarets and similar places of amusement, subject to statutory provisos including a 200-lineal-meter radius from public buildings, schools, hospitals, and churches.

Ordinance No. 10, series of 1958, as amended by Ordinance No. 5, series of 1959, allowed the operation of cabarets in Puerto Princesa. On November 9, 1959, the municipal council repealed that permission through Ordinance No. 21 and Ordinance No. 22, thereby prohibiting cabaret operations. Thereafter Ordinance No. 6, series of 1960 again allowed cabaret operations but prohibited the establishment, maintenance, and operation of cabarets within a radius of 500 lineal meters from any public building, school, hospital, or church.

Teodora Lopera operated a cabaret on Claro St., Puerto Princesa, by virtue of a temporary permit from the Acting Municipal Mayor effective for six months from June 2, 1960, with a license that did not expire until the end of December 1960. Acting under Ordinance No. 6, the municipal mayor ordered the cabaret closed on December 4, 1960. According to the Engineer's office report, the cabaret stood 476 meters from the Provincial Hospital, thus inside the prohibited 500-meter radius. Lopera filed an action to contest the legality of the ordinance as contradicting Section 1 of Republic Act No. 1224, which she read as requiring only a 200-meter radius for cabarets.

According to Lopera, her cabaret had been in operation since 1958 and therefore should not be covered by the ordinance. Respondents specifically denied that allegation, stating that her cabaret was not in operation prior to May 18, 1960. The trial court's order contained no finding of operation since 1958, finding instead that operation rested on the temporary permit effective June 2, 1960, at a time when prior to adoption of the questioned ordinance cabaret operation had been prohibited under Ordinances 21 and 22, series of 1959.

• Conflict with Republic Act No. 1224: Petitioner argued that Ordinance No. 6, series of 1960 was illegal because it extended the distance to 500 meters from public buildings, while Section 1 of Republic Act No. 1224 only required a radius of 200 meters in the case of cabarets.
• Prior Operation: Petitioner maintained that the ordinance was inapplicable to her cabaret because the same had been in operation since 1958.

• Validity of Increased Distance: Whether Ordinance No. 6, series of 1960 of Puerto Princesa, which prohibits cabarets within a radius of 500 lineal meters from any public building, school, hospital, or church, contravenes Section 1 of Republic Act No. 1224.
• Exemption of Allegedly Pre-existing Operation: Whether the ordinance is inapplicable to petitioner-appellee's cabaret on the ground that it had been licensed and operating before enactment of the ordinance.

• Validity of Increased Distance: No. The ordinance does not contravene Republic Act No. 1224, which fixes only a 200-lineal-meter minimum radius and leaves municipal councils free to fix a greater distance in the exercise of regulatory power.
• Exemption of Allegedly Pre-existing Operation: No. The exemption for places already licensed and operating was not established, there being no evidence or finding of operation since 1958 and the stipulated permit postdating prohibition under prior ordinances.

• Validity of Increased Distance: The power to regulate or prohibit cabarets delegated by Section 1 of Republic Act No. 1224 necessarily includes the power to fix the distance of cabarets from public buildings, schools, hospitals, and churches, provided the distance fixed is not less than 200 lineal meters. The statute was construed not as fixing a definite, immutable distance but as imposing a minimum floor, leaving to the municipal council discretion to require whatever greater distance it deems best for the welfare of inhabitants, the matter being peculiarly local and within the council's better knowledge. Such delegation accords with the general welfare clause in Section 2238 of the Revised Administrative Code. Since Ordinance No. 6 fixed 500 lineal meters, above the statutory minimum, its validity could not be questioned, and closure of a cabaret located at 476 meters from the provincial hospital was justified.
• Exemption of Allegedly Pre-existing Operation: The proviso that no ordinance fixing distances shall apply to those already licensed and operating at enactment was not satisfied on the record. Although the complaint averred operation since 1958, no evidence was presented to prove that fact, respondents denied it by alleging no operation prior to May 18, 1960, and the trial order made no such finding. The stipulation instead showed operation by virtue of a temporary permit effective for six months from June 2, 1960, while prior to adoption of the questioned ordinance cabaret operation had been prohibited under Ordinances 21 and 22, series of 1959.

• Delegated Police Power Over Places of Amusement — A municipal council empowered by statute to regulate or prohibit cabarets may fix by ordinance the distance at which they may be established from public buildings, schools, hospitals, and churches, so long as the distance is not less than the statutory minimum of 200 lineal meters. Applied here to sustain the 500-meter requirement in Ordinance No. 6, series of 1960.
• Statutory Minimum vs. Fixed Distance — Where a statute prohibits places of amusement within a stated radius, the stated radius is construed as a minimum floor rather than an unalterable distance when the legislature leaves implementation to local discretion. Applied here to reject the view that Congress alone could change 200 meters to 500 meters.
• Local Discretion and General Welfare Clause — Matters peculiarly local in nature, such as the appropriate siting of cabarets, are left to the municipal council, which is in a better position to determine the distance best serving health, safety, morals, peace, good order, comfort, and convenience under Section 2238 of the Revised Administrative Code. Applied here to justify deference to the council's choice of 500 meters.

• "Such power to regulate and prohibit includes the power to fix the distance of said cabaret from any public building, schools, hospitals, and churches, provided that the distance so fixed by it, is not less than 200 lineal meters in radius from said public buildings, schools, hospitals and churches." — States the controlling rule on the scope of delegated regulatory power and the minimum-distance limitation.
• "The statute is not intended to fix a definite distance at which cabarets, if allowed, should be established, but leaves to the municipal council the discretion to fix whatever distance (above the required 200 lineal meters) it may deem best for the welfare of its inhabitants." — Defines the construction of Republic Act No. 1224 as imposing a floor, not a fixed radius, central to upholding the ordinance.
• "Since the ordinance in question fixes a distance (500 lineal meters) above the 200 lineal-meter minimum required under the above-quoted provisions of Republic Act No. 1224, its validity can not be questioned." — Applies the minimum-distance doctrine to sustain Ordinance No. 6 and justify the closure.

• Section 1, Republic Act No. 1224 — Grants municipal councils power to regulate or prohibit by ordinance the establishment, maintenance, and operation of cabarets within their jurisdiction, provided no such place shall be established within 200 lineal meters of any public building, school, hospital, or church, and provided ordinances fixing distances shall not apply to those already licensed and operating at enactment. Applied to hold that a 500-meter municipal requirement exceeds, and therefore complies with, the statutory minimum, and to test the claim of pre-existing operation.
• Section 2238, Revised Administrative Code — General welfare clause granting municipal councils power to enact ordinances deemed necessary and proper for health and safety, prosperity, morals, peace, good order, comfort, and convenience. Cited as consistent with delegation to councils of discretion to fix a locally appropriate distance above the statutory minimum.

Bengzon, C.J., Bautista Angelo, Labrador, Concepcion, Paredes, Dizon, Ragala and Makalintal, JJ., concur. Padilla and Reyes, J.B.L., JJ., took no part.