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177271

Whitelighy corp vs city of manila- ordinance of city

of Manila prohibits short stay in hotels and wash
up rates. They stated it was for the purpose of
decreasing illicit sex and use of drugs in said
hotels. Whitelight opposed stating ordinance
directly affects with their business, intervenes with
rights and liberties of clients. RTC decided against
city of Manila while stating the ordinance infringes
on individual liberties. Can ruled in favor of city of
Manila stating that the ordinance is valid exercise
of police power.
Issue: whether or not ordinance is valid
Ruling: SC ruled no since ordinance infringes on
legitimate uses of hotels as well, right to privacy.
The ordinance infringes on the public interest of
using wash rates thus depriving petitioners of their
business interest and the patrons the use of a
product. To be valid an exercise of police power
must be that the interests of the public generally
as opposed to particular class require an
interference to private rights and wherein the
purpose would not be achieved without infringing
on private rights and no alternative wherein private
rights would not be infringes would work. Also laws
passed by local government units must be within
corporate powers of the local government unit to
act but the ordinance or law must not be 1. not
contravening to the constitution, 2. Not oppressive
3. not partial 4. Not prevent or regulate trade 5.
Not contradicting to public policy 6. Not
unreasonable. Petitioners have legal
standing to represent their patrons.
overbreadth analysis, challengers to government
action are in effect permitted to raise the rights of
third parties. Generally applied to statutes
infringing on the freedom of speech, the
overbreadth doctrine applies when a statute
needlessly restrains even constitutionally
guaranteed rights.

Insufficiency of evidence and violation to speedy

trial dismissal there is double jeopardy even if
with consent of accused since it is violation to
constitutional right thus being an acquittal.
Invitation to precinct is already custodial since
the person is deprived of freedom at some way