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ICHONG VS HERNANDEZ (Labrador, J.

)
101 Phil 1155
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.
Facts:-RA 1180 entitled An Act to Regulate the Retail Businessnationalizes the retail trade business
-The main provisions of the Act are: (1) prohibition against persons, not citizens of the Phils.,and
against associations, partnerships and corporations the capital of which are not wholly owned by
citizens of the Phils., from engaging directly or indirectly in the retail trade (2) a prohibition against
the establishment or opening by aliens actually engaged in the retail business of additional stores or
branches of retail business.
-Petitioner, for and in his own behalf and on behalf of other alien residents corporations and
partnerships adversely affected by the provisions of RA 1180, brought this action to obtain a judicial
declaration that said Act is unconstitutional because it denies to alien residents the equal protection of
the laws and deprives of their liberty and property without due process of law and that it violates
international treaties.
-in answer, the solicitor-General and the Fiscal of the City of Manila contend that the Act was passed in
the valid exercise of the police power of the State, which exercise is authorized in the Constitution in
the interest of national economic survival and that no treaty or international obligations are infringed.
Issue: WON the enactment falls within the scope of the police power of the state.
Ruling: Yes.
RD: The disputed law was enacted to remedy a real actual threat and danger to nationa leconomy posed
by alien dominance and control of the retail business and free citizens and country from dominance and
control; the enactment clearly falls within the scope of the police power of the State, thru which and by
which it protects its own personality and insures its security and future

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