Ichong vs.

Hernandez, 101 Phil 115

FACTS
Petitioner entered the country to take advantage of business opportunities in the
Philippines. He and his fellow Chinese businessmen enjoyed a monopoly in the local
market. However, Congress passed the RA No. 1180 or the Retail Trade Nationalization
Act. In effect it nationalizes the retail trade business.
Petitioner and other alien residents’ corporations and partnerships were adversely affected
by the enactment of Republic Act. No.1180. They had brought an action to obtain a
judicial declaration that said Act is unconstitutional, arguing that the act has violated
international treaties and obligations

ISSUE
WON the Act violates international treaties and obligations.

HELD
It cannot be said to be void for supposed conflict with treaty obligations because no treaty
has actually been entered into on the subject and the police power may not be curtailed or
surrendered by any treaty or any other conventional agreement.
All that a treaty guarantees is equality of treatment of aliens, subject to the same terms of
Filipino nationals in any other country. However, in the conduct of engaging into retail
trade, foreign nationals, except those of the United States, who are granted special rights
by the Constitution, are all prohibited to such conduct.