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    Ichong V Hernandez GR 7995 Case Digest

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    Cardona Korinna
    Lao Ichong, a Chinese businessman, petitioned to nullify the Retail Trade Nationalization Act (RA 1180) which reserved the retail business sector for Filipinos. Ichong argued RA 1180 violated treaties between the Philippines and China. However, the Court ruled that while treaties are binding, a law may supersede a treaty if it exercises legitimate police power. Even if a treaty were in conflict with a statute, the statute must be upheld if it represents a reasonable exercise of inherent police powers, such as protecting the domestic economy, that cannot be surrendered through treaties. Therefore, RA 1180 superseded any treaties and Ichong could no longer operate his market stalls in

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    © All Rights Reserved
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    Ichong V Hernandez GR 7995 Case Digest

    Uploaded by

    Cardona Korinna
    120 views1 page
    Lao Ichong, a Chinese businessman, petitioned to nullify the Retail Trade Nationalization Act (RA 1180) which reserved the retail business sector for Filipinos. Ichong argued RA 1180 violated treaties between the Philippines and China. However, the Court ruled that while treaties are binding, a law may supersede a treaty if it exercises legitimate police power. Even if a treaty were in conflict with a statute, the statute must be upheld if it represents a reasonable exercise of inherent police powers, such as protecting the domestic economy, that cannot be surrendered through treaties. Therefore, RA 1180 superseded any treaties and Ichong could no longer operate his market stalls in

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    Ichong v Hernandez GR 7995 Case Digest

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    Lao Ichong, a Chinese businessman, petitioned to nullify the Retail Trade Nationalization Act (RA 1180) which reserved the retail business sector for Filipinos. Ichong argued RA 1180 violated treaties between the Philippines and China. However, the Court ruled that while treaties are binding, a law may supersede a treaty if it exercises legitimate police power. Even if a treaty were in conflict with a statute, the statute must be upheld if it represents a reasonable exercise of inherent police powers, such as protecting the domestic economy, that cannot be surrendered through treaties. Therefore, RA 1180 superseded any treaties and Ichong could no longer operate his market stalls in

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    120 views1 page

    Ichong V Hernandez GR 7995 Case Digest

    Uploaded by

    Cardona Korinna
    Lao Ichong, a Chinese businessman, petitioned to nullify the Retail Trade Nationalization Act (RA 1180) which reserved the retail business sector for Filipinos. Ichong argued RA 1180 violated treaties between the Philippines and China. However, the Court ruled that while treaties are binding, a law may supersede a treaty if it exercises legitimate police power. Even if a treaty were in conflict with a statute, the statute must be upheld if it represents a reasonable exercise of inherent police powers, such as protecting the domestic economy, that cannot be surrendered through treaties. Therefore, RA 1180 superseded any treaties and Ichong could no longer operate his market stalls in

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

    G.R. No.

    L-7995 - May 31, 1957


    G.R. No. L-7995 May 31, 1957

    LAO H. ICHONG, in his own behalf and in behalf of other alien residents, corporations
    and partnerships adversely affected. by Republic Act No. 1180, petitioner, vs. JAIME
    HERNANDEZ, Secretary of Finance, and MARCELINO SARMIENTO, City Treasurer of
    Manila,respondents.

    Constitutional Law – Treaties May Be Superseded by Municipal Laws in the Exercise of Police
    Power

    Lao Ichong is a Chinese businessman who entered the country to take advantage of business
    opportunities herein abound (then) – particularly in the retail business. For some time he and his
    fellow Chinese businessmen enjoyed a “monopoly” in the local market in Pasay. Until in June
    1954 when Congress passed the RA 1180 or the Retail Trade Nationalization Act the purpose of
    which is to reserve to Filipinos the right to engage in the retail business. Ichong then petitioned
    for the nullification of the said Act on the ground that it contravened several treaties concluded by
    the RP which, according to him, violates the equal protection clause (pacta sund servanda). He
    said that as a Chinese businessman engaged in the business here in the country who helps in
    the income generation of the country he should be given equal opportunity.

    ISSUE:

    Whether or not a law may invalidate or supersede treaties or generally accepted principles?

    HELD:

    Yes, a law may supersede a treaty or a generally accepted principle. In this case, there is no
    conflict at all between the raised generally accepted principle and with RA 1180. The equal
    protection of the law clause “does not demand absolute equality amongst residents; it merely
    requires that all persons shall be treated alike, under like circumstances and conditions both as
    to privileges conferred and liabilities enforced”; and, that the equal protection clause “is not
    infringed by legislation which applies only to those persons falling within a specified class, if it
    applies alike to all persons within such class, and reasonable grounds exist for making a
    distinction between those who fall within such class and those who do not.”

    For the sake of argument, even if it would be assumed that a treaty would be in conflict with a
    statute then the statute must be upheld because it represented an exercise of the police power
    which, being inherent could not be bargained away or surrendered through the medium of a treaty.
    Hence, Ichong can no longer assert his right to operate his market stalls in the Pasay city market.

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