CONSTITUTIONAL LAW 1

101 PHIL 1015

ICHONG VS. HERNANDEZ et alG.R. No. L-7995 May 31,

1957Ponente: Labrador, J.FACTS:

Republic Act No. 1180 known as, “An Act to Regulate Retail
Business” was passed by the
Congress. The said RA nationalizes the retail trade business by
prohibiting against persons notcitizens of the Philippines, as well as
associations, partnerships or corporations the capital of which are
not wholly owned by citizens of the Philippines, from engaging directly
or indirectly inthe retail trade with the exception of U.S. citizens
and juridical entities. Aliens are required topresent registration to the
proper authorities a verified statement concerning their
businesses.

Now, petitioner Lao Ichong, was a Chinese businessman in the

markets of Pasay City who seeksto declare the nullification of RA
1180 for it violates the international and treaty obligations of the
Republic of the Philippines. The said Act is unconstitutional, and to
enjoin the Secretary of Finance and all other persons acting under
him, particularly city and municipal treasurers, fromenforcing its
provisions. He contends that RA 1180 denies to alien residents
the equal protectionof the laws and deprives of their liberty and
property without due process of law.
ISSUES:
Whether or not Republic Act No. 1180 is a valid exercise of police
power.
HELD/RULING: YES.
There is no question that the Act was approved in the exercise of the
police power, but petitionerclaims that its exercise in this instance is
attended by a violation of the constitutional requirements of dueprocess
and equal protection of the laws.
Police Power -
It has been said the police power is so far -reaching in scope, and it
is almost impossible to limit its sweep. Itderives its existence from
the very existence of the State itself, and doesnot need to be
expressed or defined in its scope. It is said to be co-extensive
with self-protection and survival, and as such it is the
mostpositive and active of all governmental processes, the most
essential,insistent and illimitable.Especially is it so under a modern
democratic framework wherethe demands of society and of nations
have multiplied to almostunimaginable proportions; the field and scope
of police power hasbecome almost boundless, just as the fields of public
interest and publicwelfare have become almost all-embracing and
have transcended humanforesight.