Police power requisites

The proper exercise of the police power requires compliance with the following requisites:

[1] The interests of the public generally, as distinguished from those of a particular class, require the intereference by the State; and
[2] The means employed are reasonably necessary for the attainment of the object sought and not unduly oppressive upon individuals.

An ordinance aimed at relieving traffic congestion meets the first standard which is also known as the "reasonable purpose requirement." However, declaring bus terminals as nuisances per se and ordering their closure or relocation contravenes the standard on reasonableness. (G.R. No. 148339. February 23, 2005) In other words, there are ways of easing traffic problems, which is a good goal, but declaring bus terminals as nuisance per se is not a reasonable way of dealing with said problems.

SUPREME COURT: Otherwise stated, there must be a concurrence of a lawful subject and lawful method.

A law must have a reasonable purpose and a reasonable means of achieving the same for it to be held as a valid exercise of police power.

In Calalang v. Williams, which involved a statute authorizing the Director of Public Works (now called Secretary of the Department of Public Works and Highways or DPWH) to promulgate rules and regulations to regulate and control traffic on national roads, the Supreme Court held:

In enacting said law, therefore, the National Assembly was prompted by considerations of public convenience and welfare. It was inspired by a desire to relieve congestion of traffic, which is, to say the least, a menace to public safety. Public welfare, then, lies at the bottom of the enactment of said law, and the state in order to promote the general welfare may interfere with personal liberty, with property, and with business and occupations. (G.R. No. 47800. December 2, 1940)

In Calalang, the Ministry of Public Works (now DPWH) prohibited animal-driven vehicles in certain highways. The Supreme Court held such a rule as a valid exercise of police power.

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