PROCEDURAL AND SUBSTANTIVE DUE PROCESS

WHITE LIGHT CORPORATION, TITANIUM

CORPORATION and STA. MESA TOURIST &
DEVELOPMENT CORPORATION, Petitioners, vs.CITY
OF MANILA, represented by DE CASTRO, MAYOR
ALFREDO S. LIM, Respondent.
G.R. No. 122846 January 20, 2009
Tinga, J.:

FACTS: On 3 Dec 1992, then Mayor Lim signed into law

Ord 7774 entitled “An Ordinance” prohibiting short time
admission in hotels, motels, lodging houses, pension
houses and similar establishments in the City of Manila.
White Light Corp is an operator of mini hotels and motels
who sought to have the Ordinance be nullified as the
said Ordinance infringes on the private rights of their
patrons. The RTC ruled in favor of WLC. It ruled that the
Ordinance strikes at the personal liberty of the individual
guaranteed by the Constitution. The City maintains that
the ordinance is valid as it is a valid exercise of police
power. Under the LGC, the City is empowered to
regulate the establishment, operation and maintenance
of cafes, restaurants, beerhouses, hotels, motels, inns,
pension houses, lodging houses and other similar
establishments, including tourist guides and transports.
The CA ruled in favor of the City.
ISSUE: Whether or not Ord 7774 is valid.
HELD: The SC ruled that the said ordinance is null and
void as it indeed infringes upon individual liberty. It also
violates the due process clause which serves as a
guaranty for protection against arbitrary regulation or
seizure. The said ordinance invades private rights. Note
that not all who goes into motels and hotels for wash up
rate are really there for obscene purposes only. Some
are tourists who needed rest or to “wash up” or to
freshen up. Hence, the infidelity sought to be avoided by
the said ordinance is more or less subjected only to a
limited group of people. The SC reiterates that individual
rights may be adversely affected only to the extent that
may fairly be required by the legitimate demands of
public interest or public welfare.
WHEREFORE, the Petition is GRANTED. The Decision
of the Court of Appeals is REVERSED, and the Decision
of the Regional Trial Court of Manila, Branch 9,
is REINSTATED. Ordinance No. 7774 is hereby
declared UNCONSTITUTIONAL. No pronouncement as
to costs.