White Light Corp. vs City of Manila GR. No. 122846 January 20, 2009

Valid exercise of police power

1. lawful subject

2. lawful means


White Light Corp. vs City of Manila

GR. No. 122846 January 20, 2009

 

Facts:

 

Manila Mayor Alfredo S. Lim signed an Ordinance prohibiting short time admission in hotels, motels, lodging houses, pension houses and similar establishments in the City of Manila.

The City claims that it is a legitimate exercise of police power.

Herein petitioners, assails the validity and constitutionality of the ordinance arguing that it violates the right to privacy and the freedom of movement; it is an invalid exercise of police power; and it is an unreasonable and oppressive interference in their business.

The RTC declared the ordinance null and void, thus, the City of Manila elevated the case to the Court of Appeals. The CA reversed the RTC ruling.

 

Issue:

Whether or not the ordinance is valid.

 

Ruling:

 

The court ruled that the ordinance is invalid..

The test of a valid ordinance is well established. A long line of decisions including City of Manila has held that for an ordinance to be valid, it must not only be within the corporate powers of the local government unit to enact and pass according to the procedure prescribed by law, it must also conform to the following substantive requirements:

(1) must not contravene the Constitution or any statute;

(2) must not be unfair or oppressive;

(3) must not be partial or discriminatory;

(4) must not prohibit but may regulate trade;

(5) must be general and consistent with public policy; and

(6) must not be unreasonable.

 

The Ordinance prohibits two specific and distinct business practices, namely wash rate admissions and renting out a room more than twice a day.

The apparent goal of the Ordinance is to minimize if not eliminate the use of the covered establishments for illicit sex, prostitution, drug use and alike. These goals, by themselves, are unimpeachable and certainly fall within the ambit of the police power of the State. Yet the desirability of these ends does not sanctify any and all means for their achievement. Those means must align with the Constitution, and our emerging sophisticated analysis of its guarantees to the people.

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