Jun 21st, 2015
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Abraham Lincoln University
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1. Social Justice vs. Atienza, Jr. February 2008Injunctive writs are not impediments to enforcement of the ordinanceIt is a settled rule that an ordinance enjoys the presumption of validity and, as such, cannot be restrained by injunction.63Nevertheless, when the validity of the ordinance is assailed, the courts are not precluded from issuing an injunctive writ against its enforcement. However, the issuance of said writ is proper only when:a. The petitioner assailing the ordinancehas made out a case of unconstitutionality strong enough to overcome, in the mind of the judge, the presumption of validity, b. a showing of a clear legal right to the remedy soughtPresumption of Validity: Statutes and ordinances are presumed valid unless and until the courts declare the contrary in clear and unequivocal terms.The mere fact that the ordinance is alleged to be unconstitutional or invalid will not entitle a party to have its enforcement enjoined.The presumption is all in favor of validity. The action of the elected representatives of the people cannot be lightly set aside. The councilors must, in the very nature of things, be familiar with the necessities of their particular municipality and with all the facts and circumstances which surround the subject and necessitate action. The local legislative body, by enacting the ordinance, has in effect given notice that the regulations are essential to the well being of the people . . . The Judiciary should not lightly set a

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