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DAYANGHIRANG, Anna Marie B.

LEGAL WRITING III

BIBLIOGRAPHY

I. Books
a. The 1987 Philippine Constitution
- For Constitutional bases.
b. The Revised Penal Code
- Article 202
c. Criminal Law Annotation – Reyes

II. Journals

a. The Need for a Multidisciplinary Approach to Prostitution in the Southeast Asian


Context
- Author: Laurence Husson
- Publisher: Presses Universitaires de Provence

III. Jurisprudence:
a. Philippine
1. G.R. No. L-14639
Villavicencio vs. Lukban
Supreme Court declared the seminal phrase that the Philippines is a government of laws
and not of men when Justo Lukban, then mayor of Manila, without legal authority, shut
down all the prostitution houses in Gardenia Street, Sampaloc and expelled 170
prostitutes from the city and shipped them to a labor camp in Davao. Several petitions for
the writ of habeas corpus were filed in behalf of the women which were granted by the
courts while Mayor Lukban was cited in contempt of court.
With this situation, a court would next expect to resolve the question — By authority of
what law did the Mayor and the Chief of Police presume to act in deporting by duress
these persons from Manila to another distant locality within the Philippine Islands? We
turn to the statutes and we find — Alien prostitutes can be expelled from the Philippine
Islands in conformity with an Act of congress. The Governor-General can order the

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eviction of undesirable aliens after a hearing from the Islands. Act No. 519 of the
Philippine Commission and section 733 of the Revised Ordinances of the city of Manila
provide for the conviction and punishment by a court of justice of any person who is a
common prostitute. Act No. 899 authorizes the return of any citizen of the United States,
who may have been convicted of vagrancy, to the homeland. New York and other States
have statutes providing for the commitment to the House of Refuge of women convicted of
being common prostitutes. Always a law! Even when the health authorities compel
vaccination, or establish a quarantine, or place a leprous person in the Culion leper
colony, it is done pursuant to some law or order. But one can search in vain for any law,
order, or regulation, which even hints at the right of the Mayor of the city of Manila or
the chief of police of that city to force citizens of the Philippine Islands — and these
women despite their being in a sense lepers of society are nevertheless not chattels but
Philippine citizens protected by the same constitutional guaranties as are other
citizens — to change their domicile from Manila to another locality. On the contrary,
Philippine penal law specifically punishes any public officer who, not being expressly
authorized by law or regulation, compels any person to change his residence.

2. G.R. No. L-24693 July 31, 1967

ERMITA-MALATE HOTEL AND MOTEL OPERATORS ASSOCIATION, INC.,


HOTEL DEL MAR INC. and GO CHIU, petitioners-appellees,
vs.
THE HONORABLE CITY MAYOR OF MANILA, respondent-appellant.
VICTOR ALABANZA,

There is the instance of valid government regulation when the city issued an ordinance
requiring patrons to fill up a prescribed form stating personal information such as name,
gender, nationality, age, address and occupation before they could be admitted to a motel,
hotel or lodging house.

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3. VICENTE DE LA CRUZ, RENATO ALIPIO, JOSE TORRES III, LEONCIO


CORPUZ, TERESITA CALOT, ROSALIA FERNANDEZ, ELIZABETH VELASCO,
NANETTE VILLANUEVA, HONORATO BUENAVENTURA, RUBEN DE CASTRO,
VICENTE ROXAS, RICARDO DAMIAN, DOMDINO ROMDINA, ANGELINA
OBLIGACION, CONRADO GREGORIO, TEODORO REYES, LYDIA ATRACTIVO,
NAPOLEON MENDOZA, PERFECTO GUMATAY, ANDRES SABANGAN, ROSITA
DURAN, SOCORRO BERNARDEZ, and PEDRO GABRIEL, Petitioners, v. THE
HONORABLE EDGARDO L. PARAS, MATIAS RAMIREZ as the Municipal Mayor,
MARIO MENDOZA as the Municipal Vice-Mayor, and THE MUNICIPAL COUNCIL
OF BOCAUE, BULACAN
The ordinance was nullified by the Supreme Court for prohibiting the operation of night
clubs and the hiring by such clubs of professional hostesses or hospitality girls and
dancers. The Supreme Court ruled that the municipality has no power to prohibit the
operation of a lawful trade nor the pursuit of a lawful calling. The Court characterized the
ordinance as inflicted with overbreadth and invasive of rights: “It is clear that in the guise
of a police regulation, there was in this instance a clear invasion of personal or property
rights, personal in the case of those individuals desirous of patronizing those night clubs
and property in terms of the investments made and salaries to be earned by those therein
employed.”

4. CITY OF MANILA, HON. ALFREDO S. LIM as the Mayor of the City of Manila,
HON. JOSELITO L. ATIENZA, in his capacity as Vice-Mayor of the City of
Manila and Presiding Officer of the City Council of Manila, HON. ERNESTO A.
NIEVA, HON. GONZALO P. GONZALES, HON. AVELINO S. CAILIAN,
HON. ROBERTO C. OCAMPO, HON. ALBERTO DOMINGO, HON.
HONORIO U. LOPEZ, HON. FRANCISCO G. VARONA, JR., HON.
ROMUALDO S. MARANAN, HON. NESTOR C. PONCE, JR., HON.
HUMBERTO B. BASCO, HON. FLAVIANO F. CONCEPCION, JR., HON.
ROMEO G. RIVERA, HON. MANUEL M. ZARCAL, HON. PEDRO S. DE
JESUS, HON. BERNARDITO C. ANG, HON. MANUEL L. QUIN, HON.
JHOSEP Y. LOPEZ, HON. CHIKA G. GO, HON. VICTORIANO A.

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MELENDEZ, HON. ERNESTO V.P. MACEDA, JR., HON. ROLANDO P.


NIETO, HON. DANILO V. ROLEDA, HON. GERINO A. TOLENTINO, JR.,
HON. MA. PAZ E. HERRERA, HON. JOEY D. HIZON, HON. FELIXBERTO
D. ESPIRITU, HON. KARLO Q. BUTIONG, HON. ROGELIO P. DELA PAZ,
HON. BERNARDO D. RAGAZA, HON. MA. CORAZON R. CABALLES,
HON. CASIMIRO C. SISON, HON. BIENVINIDO M. ABANTE, JR., HON.
MA. LOURDES M. ISIP, HON. ALEXANDER S. RICAFORT, HON.
ERNESTO F. RIVERA, HON. LEONARDO L. ANGAT, and HON. JOCELYN
B. DAWIS, in their capacity as councilors of the City of Manila, petitioners,
vs. HON. PERFECTO A.S. LAGUIO, JR., as Presiding Judge, RTC, Manila and
MALATE TOURIST DEVELOPMENT CORPORATION, respondents.

The City of Manila, with Alfredo Lim as mayor, was again the subject of legal
controversy in separate cases involving two ordinances which sought to arrest vice and
prostitution in the city. The first case which reached the Supreme Court was City of
Manila v. Judge Laguio wherein the City, following the footsteps of the Municipality of
Bocaue, enacted an ordinance in 1993 which prohibited entertainment establishments in
the Ermita-Malate area. The assailed ordinance banned “any business providing certain
forms of amusement, entertainment, services and facilities where women are used as
tools in entertainment and which tend to disturb the community, annoy the inhabitants,
and adversely affect the social and moral welfare of the community, such as but not
limited to: 1. Sauna Parlors; 2. Massage Parlors; 3. Karaoke Bars; 4. Beerhouses; 5. Night
Clubs; 6. Day Clubs; 7. Super Clubs; 8. Discotheques; 9. Cabarets; 10. Dance Halls; 11.
Motels; 12. Inns.” The Supreme Court declared the ordinance unconstitutional being
violative of the due process clause and the equal protection clause; an undue delegation
of power, and an invalid exercise of police power. The Court reiterated the rule that local
government units can only regulate but may not prohibit trade, even in the guise of police
power to uphold morality.

5. White Light Corporation v. City of Manila, which involved an earlier ordinance


passed in 1992. The ordinance prohibited short-time admission in hotels, motels, lodging
houses, pension houses and similar establishments in the entire City of Manila. The

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ordinance outlawed any admittance and charging of a room for less than 12 hours at any
given time or the renting out of rooms for more than twice a day on the premise that
clients staying for less than 12 hours only had clandestine quickie sex as their agenda in
checking in at motels and hotels. The Supreme Court declared the ordinance as void as
the Court was not oblivious to its purpose which was basically to regulate an individual’s
sexual proclivities: “It cannot be denied that the primary animus behind the ordinance is
the curtailment of sexual behavior. The City asserts before this Court that the subject
establishments have gained notoriety as venue of prostitution, adultery and fornications
in Manila since they provide the necessary atmosphere for clandestine entry, presence
and exit and thus became the ideal haven for prostitutes and thrill-seekers. Whether or
not this depiction of a mise-en-scene of vice is accurate, it cannot be denied that
legitimate sexual behavior among willing married or consenting single adults which is
constitutionally protected will be curtailed as well, as it was in the City of Manila case.
Our holding therein retains significance for our purposes:
The concept of liberty compels respect for the individual whose claim to privacy and
interference demands respect.

IV. Laws

A. Philippine
1. Revised Penal Code
- Article 202
2. R.A. 7610 - AN ACT PROVIDING FOR STRONGER
DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD
ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR
OTHER PURPOSES

3. R.A. 9208 - AN ACT TO INSTITUTE POLICIES TO ELIMINATE


TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND
CHILDREN, ESTABLISHING THE NECESSARY
INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND

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SUPPORT OF TRAFFICKED PERSONS, PROVIDING


PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER

4. R.A. 9710 - AN ACT PROVIDING FOR THE MAGNA CARTA OF


WOMEN

5. R.A. 10158 - N ACT DECRIMINALIZING VAGRANCY,


AMENDING FOR THIS PURPOSE ARTICLE 202 OF ACT NO.
3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED
PENAL CODE

6. R.A. 10364 - AN ACT EXPANDING REPUBLIC ACT NO. 9208,


ENTITLED "AN ACT TO INSTITUTE POLICIES TO ELIMINATE
TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND
CHILDREN, ESTABLISHING THE NECESSARY
INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND
SUPPORT OF TRAFFICKED PERSONS, PROVIDING
PENALTIES FOR ITS VIOLATIONS AND FOR OTHER
PURPOSES"

7. R.A. 10951

V. Internet Sources:

5th AIDS Medium Term Plan (2011- 2016). The Philippine Strategic Plan on HIV and
AIDS

Calimag, Minerva & F. De Jesus, Armando & Carinnes A. Gonzales, Maria & I. Rey,
Frederick. (2012). National and Local Policies Related to AIDS and Drug Use: Content
Review and Assessment POLICY REVIEW

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DAYANGHIRANG, Anna Marie B. LEGAL WRITING III

Remigio D. Ocenar, Elyzabeth F. Cureg, Alicia B. Celestino, Rosa R. Cordero, (2011).


Local Government Academy, Department of the Interior and Local Government.
Localizing the HIV and AIDS Response: Local Government Guide for Practical
Action. ISBN: 978-971-0576-32-6

Godwin, John (2012). Sex Work and the Law in Asia and the Pacific. Laws, HIV and
human rights in the context of sex work. ISBN: 978-974-680-343-4

UN PUBLICATION: SEX WORK AND THE LAW IN ASIA AND THE PACIFIC