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WHITE LIGHT CORP vs CITY OF MANILA

G.R. No. 122846


20 January 2009
Tinga, J.

FACTS:
In 1992, then Mayor Lim signed into law Ordinance 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. Hence, the petition for certiorari.

ISSUE:
Is Ordinance 7774 unconstitutional?

RULING:
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. There are legitimate uses for a wash rate or renting the
room out for more than twice a day for comfortable private spaces for a span of a few
hours with purposes other than having sex or using illegal drugs. 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.

The behavior which the Ordinance seeks to curtail is in fact already prohibited and
could in fact be diminished simply by applying existing laws. Less intrusive measures
such as curbing the proliferation of prostitutes and drug dealers through active police
work would be more effective in easing the situation. These measures would have
minimal intrusion on the businesses of the petitioners and other legitimate merchants.

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