48 White Light Corp Vs City of Manila
48 White Light Corp Vs City of Manila
48 White Light Corp Vs City of Manila
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.
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 ruing.
ISSUE:
RULING:
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.