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L-29646; 10 NOV 1978]
Sunday, February 01, 2009 Posted by Coffeeholic Writes
Labels: Case Digests, Political Law

Facts: The controverted Ordinance no. 6537 was passed by the Municipal Board of Manila on February
22, 1968 and signed by Mayor Villegas. It is an ordinance making it unlawful for any person not a citizen
of the Philippines to be employed in any place of employment or to be engaged in any kind of trade
business or occupation within the city of Manila without securing an employment permit from the Mayor
of Manila and for other purposes.

Hiu Chiong Tsai Pao Ho, who was employed in Manila filed a petitionpraying for the writ of
preliminary injunction and restraining order to stop the enforcement of said ordinance.

Issue: Whether or Not Ordinance no.6537 violates the due process and equal protection clauses of the

Held: It is a revenue measure. The city ordinance which imposes a fee of 50.00 pesos to enable aliens
generally to be employed in the city of Manila is not only for the purpose of regulation.

While it is true that the first part which requires the alien to secure an employment permit from the Mayor
involves the exercise of discretion and judgment in processing and approval or disapproval
of application isregulatory in character, the second part which requires the payment of a sum of 50.00
pesos is not a regulatory but a revenue measure.

Ordinance no. 6537 is void and unconstitutional. This is tantamount to denial of the basic human right of
the people in the Philippines to engaged in a means of livelihood. While it is true that the Philippines as a
state is not obliged to admit aliens within it's territory, once an alien is admitted he cannot be deprived of
life without due process of law. This guarantee includes the means of livelihood. Also it does not lay
down any standard to guide the City Mayor in the issuance or denial of an alien employment permit fee.

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