Villavicencio vs. Lukban, G.R. No.

L-14639 March 25, 1919

Facts:

Justo Lukban as Manila City's Mayor together with Anton Hohmann, the city's Chief of Police,
took custody of about 170 women who are inmates of the houses of prostitution situated in
Gardenia Street, Sampaloc at the night of October 25 without the latter’s consent and
knowledge and thereafter were shipped to Davao City where they were signed as laborers.

Issue:
Is the mayor of Manila, Justo Lukban authorized by law to deport the prostitutes against their
will?

Ruling:
Law defines power. No official, no matter how high, is above the law.
"The law," said Justice Miller, delivering the opinion of the Supreme Court of the United
States, "is the only supreme power in our system of government, and every man who by
accepting office participates in its functions is only the more strongly bound to submit to that
supremacy, and to observe the limitations which it imposes upon the exercise of the authority
which it gives." (U.S. vs. Lee [1882].
Lukban committed a grave abuse of discretion by deporting the prostitutes to a new
domicile against their will. There is no law expressly authorizing his action. On the contrary,
there is a law punishing public officials, not expressly authorized by law or regulation, who
compels any person to change his residence. Furthermore, the prostitutes are still, as citizens
of the Philippines, entitled to the same rights as stipulated in the Bill of Rights as every other
citizen. Their choice of profession should not be a cause for discrimination. It may make some,
like Lukban, quite uncomfortable but it does not authorize anyone to compel said prostitutes
to isolate themselves from the rest of the human race. These women have been deprived of
their liberty by being exiled to Davao without even being given the opportunity to collect their
belongings or, worse, without even consenting to being transported to Mindanao. For this,
Lukban etal must be severely punished.