The exercise of police power is subject to certain tests or criteria to determine its validity. These tests apply generally to police power measures and specifically to ordinances enacting police power.

• General Tests/Criteria for Police Power Measures: To be valid, a police power measure must meet two fundamental requisites:

  • Lawful Subject: The interests of the public generally, as distinguished from those of a particular class, must require the exercise of the power. The regulated activity or property must have relevance to the public welfare.
  • Lawful Means: The means employed must be reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals. The means must conform to the safeguards embodied in the Bill of Rights.

• Tests for Ordinances Enacting Police Power: For ordinances to be considered valid police power measures, they must pass a two-pronged test:

  • Formal Test: The ordinance must be enacted within the corporate powers of the LGU and passed according to the rules prescribed by law.
  • Substantive Test: The ordinance must not contravene the Constitution or any statute; must not be unfair or oppressive; must not be partial or discriminatory; must not prohibit but may regulate trade; must not be unreasonable; and must be general and consistent with public policy.

• Levels of Scrutiny for Constitutionality of Ordinances: In determining the constitutionality of an ordinance exercising police power, courts apply different levels of scrutiny:

  • Rational Basis or Relationship Test: Applied when evaluating challenges, particularly equal protection challenges. An ordinance is upheld if it rationally furthers a legitimate governmental interest. This requires satisfying the lawful subject and lawful means requisites.
  • Strict Scrutiny Test: Applied when a law or ordinance regulates fundamental freedoms (like speech), gender, or race, or affects suspect classes. It requires a compelling governmental interest and that the means are narrowly tailored and the least restrictive available. This test has been applied in cases involving restrictions affecting minors.
  • Intermediate Scrutiny Test: Applied to classifications that do not involve suspect classes or fundamental rights but require heightened scrutiny, such as those based on gender or legitimacy. It requires an important state interest and that the classification is substantially related to serving it. This test is also applied to content-neutral regulations affecting freedom of speech, requiring the regulation to be within government power, further an important interest unrelated to suppressing expression, and that the restriction is no greater than essential.