Art. 127. Expulsion.

— The penalty of prision correccional shall be imposed upon any public officer or
employee who, not being thereunto authorized by law, shall expel any person from the Philippine Islands
or shall compel such person to change his residence.

Villavicencio v Lukban
1919-03-25 | G.R. No. L-14639

Facts: Justo Lukban, the Mayor of the City of Manila and Anton Hohmann, the city's Chief of Police, took
custody of 170 women without the women’s consent and knowledge and shipped them to Davao city as
laborers. The women were prostitution inmates and they are under the assumption that they are being
transferred to another police station.

The women were deported without their consent and in effect Lukban forcibly assigned them a new
domicile in which they have no authority to do so and there is no law authorizing the deportation of the
prostitutes.

Issue: Whether or not, Lukban as the City Mayor and Hohmann as the city’s Chief of Police, has the
authority to deport the women to Davao City.

Ruling: No. The Mayor and Chief of Police had no authority to deport people by duress. There is no law,
order or regulation that authorizes the Mayor and Chief of Police to force citizens to change their domicile.

Article 127 of the Revised Penal Code provides that any public officer who, not being expressly authorized
by law or regulation, compels any person to change his residence is punishable.

The law 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.