SALUS POPULI EST SUPREMA LEX

Salus populi est suprema lex translates to “Let the good of the people be the supreme
law.”1 It finds its origin as early as 100 BC – 1AD in the book De Legibus written by Cicero the
renowned philosopher, politician, and lawyer. It was also used by eminent personalities in
politico-legal history such as John Locke and Francis Bacon. This concept serves as the
foundation of Philippine law including all the Constitutions we have had and their corresponding
amendments, representative of the needs of the people in times past. Simply put, this principle
places the welfare of the many above the welfare of the few. The will of the individual must
yield to the needs of the society, even if his life, liberty, or property is put in jeopardy. It follows
therefore, that no law and no officer of the people, elected or appointed, is above the will of the
people. Not even the constitution. Rather, it is a manifestation of the will of the people as
affirmed by Justice Malcom: “The written instrument enacted by the direct action of the
people…”

Illustrative Case:
Hon. Jejomar C. Binay and the Municipality of Makati
vs. Hon. Eufemio Domingo and the Commission on Audit
G.R. No. 92389
September 11, 1991

FACTS: The Burial Assistance Program (Resolution No. 60 – assisting those who only earn
less than P2,000/month of burial assistance in the amount of P500.00) made by Makati Mayor
Jejomar Binay, in the exercise of the police power granted to him by the municipal charter, was
referred to the Commission on Audit after the municipal secretary certified the disbursement of
four hundred thousand pesos for its implementation was disallowed by said commission of such
disbursements because there cannot be seen any perceptible connection or relation between the
objective sought to be attained and the alleged public safety, general welfare, etc. of its
inhabitants.

ISSUE: Whether or not Resolution No. 60 of the Municipality of Makati is a valid exercise of
police power under the general welfare clause.

HELD: Resolution No. 60 of the Municipality of Makati is a valid exercise of police power
under the general welfare clause. The police power is a governmental function, an inherent
attribute of sovereignty, which was born with civilized government. It is founded largely on the
maxims, “Sic utere tuo et ahenum non laedas” (use your property so as not to impair others) and
“Salus populi est suprema lex” (the welfare of the people is the supreme law). Its fundamental
purpose is securing the general welfare, comfort and convenience of the people. Police power is
the power to prescribe regulations to promote the health, morals, peace, education, good order or
safety and general welfare of the people. It is the most essential, insistent, and illimitable of
powers. In a sense it is the greatest and most powerful attribute of the government. It is elastic
and must be responsive to various social conditions. The care for the poor is generally
recognized as a public duty. The support for the poor has long been an accepted exercise of
police power in the promotion of the common good.