CONSTITUTIONAL LIMITATIONS

2. EQUAL PROTECTION OF THE LAWS

Villegas vs Hiu Chiong Tsai Pao Ho

FACTS: The Municipal Board of Manila enacted Ordinance 6537 requiring aliens (except those
employed in the diplomatic and consular missions of foreign countries, in technical assistance
programs of the government and another country, and members of religious orders or congregations)
to procure the requisite mayor’s permit so as to be employed or engage in trade in the City of Manila.
The permit fee is P50, and the penalty for the violation of the ordinance is 3 to 6 months
imprisonment or a fine of P100 to P200, or both.

ISSUE: Whether the ordinance imposes a regulatory fee or a tax.

HELD: The ordinance’s purpose is clearly to raise money under the guise of regulation by exacting P50
from aliens who have been cleared for employment.

 The amount is unreasonable and excessive because it fails to consider difference in situation
among aliens required to pay it, i.e. being casual, permanent, part-time, rank-and-file or
executive.
 The Ordinance was declared invalid as it is arbitrary, oppressive and unreasonable, being
applied only to aliens who are thus deprived of their rights to life, liberty and property and
therefore violates the due process and equal protection clauses of the Constitution.
 Further, the ordinance does not lay down any criterion or standard to guide the Mayor in
the exercise of his discretion, thus conferring upon the mayor arbitrary and unrestricted
powers.