Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No.

L-24693 July 31, 1967

ERMITA-MALATE HOTEL AND MOTEL OPERATORS ASSOCIATION, INC., HOTEL DEL MAR INC. and GO CHIU, petitioners-appellees, vs. THE HONORABLE CITY MAYOR OF MANILA, respondent-appellant. VICTOR ALABANZA, intervenor-appellee. Panganiban, Abad and Associates Law Office for respondent-appellant. J. M. Aruego, Tenchavez and Associates for intervenor-appellee.

FERNANDO, J.: The principal question in this appeal from a judgment of the lower court in an action for prohibition is whether Ordinance No. 4760 of the City of Manila is violative of the due process clause. The lower court held that it is and adjudged it "unconstitutional, and, therefore, null and void." For reasons to be more specifically set forth, such judgment must be reversed, there being a failure of the requisite showing to sustain an attack against its validity. The petition for prohibition against Ordinance No. 4760 was filed on July 5, 1963 by the petitioners, Ermita-Malate Hotel and Motel Operators Association, one of its members, Hotel del Mar Inc., and a certain Go Chiu, who is "the president and general manager of the second petitioner" against the respondent Mayor of the City of Manila who was sued in his capacity as such "charged with the general power and duty to enforce ordinances of the City of Manila and to give the necessary orders for the faithful execution and enforcement of such ordinances." (par. 1). It was alleged that the petitioner non-stock corporation is dedicated to the promotion and protection of the interest of its eighteen (18)

members "operating hotels and motels, characterized as legitimate businesses duly licensed by both national and city authorities, regularly paying taxes, employing and giving livelihood to not less than 2,500 person and representing an investment of more than P3 million."1 (par. 2). It was then alleged that on June 13, 1963, the Municipal Board of the City of Manila enacted Ordinance No. 4760, approved on June 14, 1963 by the then Vice-Mayor Herminio Astorga, who was at the time acting as Mayor of the City of Manila. (par. 3). After which the alleged grievances against the ordinance were set forth in detail. There was the assertion of its being beyond the powers of the Municipal Board of the City of Manila to enact insofar as it would regulate motels, on the ground that in the revised charter of the City of Manila or in any other law, no reference is made to motels; that Section 1 of the challenged ordinance is unconstitutional and void for being unreasonable and violative of due process insofar as it would impose P6,000.00 fee per annum for first class motels and P4,500.00 for second class motels; that the provision in the same section which would require the owner, manager, keeper or duly authorized representative of a hotel, motel, or lodging house to refrain from entertaining or accepting any guest or customer or letting any room or other quarter to any person or persons without his filling up the prescribed form in a lobby open to public view at all times and in his presence, wherein the surname, given name and middle name, the date of birth, the address, the occupation, the sex, the nationality, the length of stay and the number of companions in the room, if any, with the name, relationship, age and sex would be specified, with data furnished as to his residence certificate as well as his passport number, if any,

manager. arbitrary and oppressive character. that the provision of Section 2 of the challenged ordinance prohibiting a person less than 18 years old from being accepted in such hotels. a dining room or. and that insofar as the penalty provided for in Section 4 of the challenged ordinance for a subsequent conviction would. and likewise for the alleged invasion of the right to privacy and the guaranty against self-incrimination. or their duly authorized representatives is unconstitutional and void again on due process grounds. not only for being arbitrary. . manager.coupled with a certification that a person signing such form has personally filled it up and affixed his signature in the presence of such owner. indefinite and uncertain. tavern or common inn unless accompanied by parents or a lawful guardian and making it unlawful for the owner. it also being provided that the premises and facilities of such hotels. with such registration forms and records kept and bound together. motels. unreasonable and oppressive. or the Chief of Police. motels and lodging houses would be open for inspection either by the City Mayor. keeper or duly authorized representative of such establishments to lease any room or portion thereof more than twice every 24 hours. restaurant and laundry similarly offends against the due process clause for being arbitrary. runs counter to the due process guaranty for lack of certainty and for its unreasonable. keeper or duly authorized representative. unreasonable or oppressive but also for being vague. that Section 2 of the challenged ordinance classifying motels into two classes and requiring the maintenance of certain minimum facilities in first class motels such as a telephone in each room. a conclusion which applies to the portion of the ordinance requiring second class motels to have a dining room. lodging houses.

cause the automatic cancellation of the license of the offended party. After setting forth that the petition did fail to state a cause of action and that the challenged ordinance bears a reasonable relation. 1963. respondent Mayor prayed for. 1963 issued a writ of preliminary injunction ordering respondent Mayor to refrain from enforcing said Ordinance No. 1964. there was submitted a stipulation of facts dated September 28. of the provisions of the cited Ordinance but a denial of its alleged nullity. whether on statutory or constitutional grounds. which reads: . its dissolution and the dismissal of the petition. In the a answer filed on August 3. there was an admission of the personal circumstances regarding the respondent Mayor and of the fact that petitioners are licensed to engage in the hotel or motel business in the City of Manila. which is to curb immorality. There was a plea for the issuance of preliminary injunction and for a final judgment declaring the above ordinance null and void and unenforceable. a valid and proper exercise of the police power and that only the guests or customers not before the court could complain of the alleged invasion of the right to privacy and the guaranty against self incrimination. there is once again a transgression of the due process clause. 4760 from and after July 8. with the assertion that the issuance of the preliminary injunction ex parte was contrary to law. Instead of evidence being offered by both parties. to a proper purpose. in effect causing the destruction of the business and loss of its investments. The lower court on July 6. 1963.

. by Vice-Mayor Herminio Astorga.. 2. 4. That the petitioners Ermita-Malate Hotel and Motel Operators Association. the Municipal Board of the City of Manila enacted Ordinance No. 662. 668-a. while the petitioner Go Chin is the president and general manager of Hotel del Mar Inc. all having the capacity to sue and be sued. Inc. That on June 13. That the respondent Mayor is the duly elected and incumbent City Mayor and chief executive of the City of Manila charged with the general power and duty to enforce ordinances of the City of Manila and to give the necessary orders for the faithful execution and enforcement of such ordinances. 1963 (Annex B). amending sections 661.1. That the petitioners are duly licensed to engage in the business of operating hotels and motels in Malate and Ermita districts in Manila. are duly organized and existing under the laws of the Philippines. 4760. 1963. 1963. 3. then the acting City Mayor of Manila. This ordinance is similar to the one vetoed by the respondent Mayor (Annex A) for the reasons stated in its 4th Indorsement dated February 15. and the intervenor Victor Alabanza is a resident of Baguio City. in the absence of the respondent regular City Mayor. and Hotel del Mar Inc. 668-b and 669 of the compilation of the ordinances of the City of Manila besides inserting therein three new sections. both with offices in the City of Manila. which was approved on June 14.

agreed to file memoranda and thereafter. Such a memorandum likewise refuted point by point the arguments advanced by petitioners against its validity.5. the parties. on February 4.1äwphï1.05 from license fees paid by the 105 hotels and motels (including herein petitioners) operating in the City of Manila. 1965. wherein stress was laid on the presumption of the validity of the challenged ordinance. and referring to the alleged constitutional questions raised by the party. the memorandum for petitioners was filed reiterating in detail what was set forth in the petition. the decision .904. to submit the case for decision of the Court. 6. the burden of showing its lack of conformity to the Constitution resting on the party who assails it. but likewise applicable American authorities. After referring to the motels and hotels. which are members of the petitioners association. That the City of Manila derived in 1963 an annual income of P101. the lower court observed: "The only remaining issue here being purely a question of law. That the explanatory note signed by then Councilor Herminio Astorga was submitted with the proposed ordinance (now Ordinance 4760) to the Municipal Board." It does appear obvious then that without any evidence submitted by the parties. copy of which is attached hereto as Annex C. with citations of what they considered to be applicable American authorities and praying for a judgment declaring the challenged ordinance "null and void and unenforceable" and making permanent the writ of preliminary injunction issued.S.ñët Thereafter came a memorandum for respondent on January 22. citing not only U. 1965. Salaveria. Then barely two weeks later. v. with the nod of the Court.

consistently with what has hitherto been the accepted standards of constitutional adjudication. be familiar with the necessities of their particular municipality and with all the facts and circumstances which surround the subject and necessitate action." Hence this appeal. would be unconstitutional and.passed upon the alleged infirmity on constitutional grounds of the challenged ordinance. Its decision cannot be allowed to stand. Primarily what calls for a reversal of such a decision is the absence of any evidence to offset the presumption of validity that attaches to a challenged statute or ordinance. As noted at the outset." It made permanent the preliminary injunction issued against respondent Mayor and his agents "to restrain him from enforcing the ordinance in question. dismissing as is undoubtedly right and proper the untenable objection on the alleged lack of authority of the City of Manila to regulate motels. therefore. A decent regard for constitutional doctrines of a fundamental character ought to have admonished the lower court against such a sweeping condemnation of the challenged ordinance. the judgment must be reversed. and came to the conclusion that "the challenged Ordinance No. As was expressed categorically by Justice Malcolm: "The presumption is all in favor of validity x x x . has in effect given notice that the regulations are essential to the well being of the . in the very nature of things. null and void. in both procedural and substantive aspects. The local legislative body. 4760 of the City of Manila. The action of the elected representatives of the people cannot be lightly set aside. by enacting the ordinance. The councilors must.

The mantle of protection associated with the due process guaranty does not cover petitioners. Nor may petitioners assert with plausibility that on its face the ordinance is fatally defective as being repugnant to the due process clause of the Constitution. Hartford Fire Insurance Co.3 where the American Supreme Court through Justice Brandeis tersely and succinctly summed up the matter thus: The statute here questioned deals with a subject clearly within the scope of the police power." No such factual foundation being laid in the present case. The Judiciary should not lightly set aside legislative action when there is not a clear invasion of personal or property rights under the guise of police regulation. The principle has been nowhere better expressed than in the leading case of O'Gorman & Young v.2 It admits of no doubt therefore that there being a presumption of validity.. We are asked to declare it void on the ground that the specific method of regulation prescribed is unreasonable and hence deprives the plaintiff of due process of law. This particular manifestation of a police power measure being specifically aimed to safeguard . unless the statute or ordinance is void on its face which is not the case here. the resumption of constitutionality must prevail in the absence of some factual foundation of record for overthrowing the statute. As underlying questions of fact may condition the constitutionality of legislation of this character. the lower court deciding the matter on the pleadings and the stipulation of facts.people x x x . the presumption of validity must prevail and the judgment against the ordinance set aside. the necessity for evidence to rebut it is unavoidable.

The explanatory note of the Councilor Herminio Astorga included as annex to the stipulation of facts.public morals is immune from such imputation of nullity resting purely on conjecture and unsupported by anything of substance. public safety and the genera welfare.4 extending as it does "to all the great public needs. adultery and fornication in Manila traceable in great part to the existence of motels." Moreover. public morals.6 Negatively put. safety. To hold otherwise would be to unduly restrict and narrow the scope of police power which has been properly characterized as the most essential. presence and exit" and thus become the "ideal haven for prostitutes and thrill-seekers. in a lobby open to public view at all times."5 It would be. which "provide a necessary atmosphere for clandestine entry." The challenged ordinance then proposes to check the clandestine harboring of transients and guests of these establishments by requiring these transients and guests to fill up a registration form. insistent and the least limitable of powers. police power is "that inherent and plenary power in the State which enables it to prohibit all that is hurt full to the comfort. to destroy the very purpose of the state if it could be deprived or allowed itself to be deprived of its competence to promote public health. to paraphrase another leading decision. and by introducing several other amendatory provisions calculated to shatter the privacy that characterizes the registration of transients and guests. prepared for the purpose.7 There is no question but that the challenged ordinance was precisely enacted to minimize certain practices hurtful to public morals. and welfare of society. the increase in the licensed fees was intended to discourage "establishments of . speaks of the alarming increase in the rate of prostitution.

Where such exercise of police power may be considered as either capricious. ordinances punishing vagrancy and classifying a pimp or procurer as a vagrant. the exercise of such police power insofar as it may affect the life. . morals. In view of the requirements of due process. it cannot be too often emphasized.9 prohibiting gambling. equal protection and other applicable constitutional guaranties however. safety and general welfare of the people. On the legislative organs of the government.14 and prohibiting any person from keeping.8 provide a license tax for and regulating the maintenance or operation of public dance halls.15 all of which are intended to protect public morals." It would appear therefore that the stipulation of facts. far from sustaining any attack against the validity of the ordinance.12 prohibiting playing of panguingui on days other than Sundays or legal holidays. a denial of due process or a violation of any other applicable constitutional guaranty may call for correction by the courts. conducting or maintaining an opium joint or visiting a place where opium is smoked or otherwise used. primarily rest the exercise of the police power.13 prohibiting the operation of pinball machines.11 and monte.10 prohibiting jueteng. unjust or unreasonable. liberty or property of any person is subject to judicial inquiry. whimsical.the kind from operating for purpose other than legal" and at the same time. whether national or local. is the power to prescribe regulations to promote the health. which. It is a fact worth noting that this Court has invariably stamped with the seal of its approval. peace. argues eloquently for it. to increase "the income of the city government. good order.

Due process is thus hostile to any official action marred by lack of reasonableness. It is the embodiment of the sporting idea of fair play.17 It exacts fealty "to those strivings for justice" and judges the act of officialdom of whatever branch "in the light of reason drawn from considerations of fairness that reflect [democratic] traditions of legal and political thought. Negatively put."18 It is not a narrow or "technical conception with fixed content unrelated to time. Correctly it has been identified as freedom from arbitrariness. in each appropriate case. official action.16 There is no controlling and precise definition of due process."19 decisions based on such a clause requiring a "close and perceptive inquiry into fundamental principles of our society. to paraphrase Cardozo. in which the objection is raised to the question of due process."20 Questions of due process are not to be treated narrowly or pedantically in slavery to form or phrases. or any governmental action for that matter. liberty or property. place and circumstances. What then is the standard of due process which must exist both as a procedural and a substantive requisite to free the challenged ordinance. obedience to the dictates of justice.21 It would thus be an affront to reason to stigmatize an ordinance enacted precisely to meet what a municipal . It furnishes though a standard to which the governmental action should conform in order that deprivation of life.We are thus led to considering the insistent. almost shrill tone. To satisfy the due process requirement. from the imputation of legal infirmity sufficient to spell its doom? It is responsiveness to the supremacy of reason. arbitrariness is ruled out and unfairness avoided. must not outrun the bounds of reason and result in sheer oppression. be valid.

as has been set forth. none is even attempted here to attach to an ordinance of such character the taint of nullity for an alleged failure to meet the due process requirement. To be more specific.22 As was explained more in detail in the above Cu Unjieng case: (2) Licenses for non-useful occupations are also incidental to the police power and the right to exact a fee may be implied from the power to license and regulate. It would seem that what should be deemed unreasonable and what would amount to an abdication of the power to govern is inaction in the face of an admitted deterioration of the state of public morals. It provided it with the enactment of the challenged ordinance. the Municipal Board of the City of Manila felt the need for a remedial measure. P4. and. the curtailment of the area of freedom to contract. its alleged vagueness. Nor does it lend any semblance even of deceptive plausibility to petitioners' indictment of Ordinance No. 4760 on due process grounds to single out such features as the increased fees for motels and hotels. but in fixing amount . and.lawmaking body considers an evil of rather serious proportion an arbitrary and capricious exercise of authority. for the regulation or restriction of non-useful occupations or enterprises and for revenue purposes only. It has been the settled law however.500 yearly.000 annual fee and second-class motels. as far back as 1922 that municipal license fees could be classified into those imposed for regulating occupations or regular enterprises. 150% for the former and over 200% for the latter. first-class motels being required to pay a P6. A strong case must be found in the records. in certain particulars. Admittedly there was a decided increase of the annual license fees provided for by the challenged ordinance for hotels and motels.

Hence license fees clearly in the nature of privilege taxes for revenue have frequently been upheld. courts have. as a general rule.23 Moreover in the equally leading case of Lutz v.of the license fees the municipal corporations are allowed a much wider discretion in this class of cases than in the former. of course. declined to interfere with such discretion.26 The discussion of this particular matter may fitly close with this pertinent citation from . The desirability of imposing restraint upon the number of persons who might otherwise engage in non-useful enterprises is. In fact. in the latter cases the fees have rarely been declared unreasonable. just and uniform. generally an important factor in the determination of the amount of this kind of license fee. especially in of licenses for the sale of liquors. it has been explicitly held in one case that "much discretion is given to municipal corporations in determining the amount." here the license fee of the operator of a massage clinic.25 As a matter of fact. oppressive. and aside from applying the well-known legal principle that municipal ordinances must not be unreasonable. or tyrannical. Araneta24 this Court affirmed the doctrine earlier announced by the American Supreme Court that taxation may be made to implement the state's police power. this Court had occasion to affirm that the broad taxing authority conferred by the Local Autonomy Act of 1959 to cities and municipalities is sufficiently plenary to cover a wide range of subjects with the only limitation that the tax so levied is for public purposes. even without reference to the wide latitude enjoyed by the City of Manila in imposing licenses for revenue. even if it were viewed purely as a police power measure. Only the other day.

keeper or duly authorized representative of any hotel. insofar as the challenged ordinance makes it unlawful for the owner. As was said in a case. And surely. tavern. Moreover. such a limitation cannot be viewed as a transgression against the command of due process. with a proviso that in all cases full payment shall be charged. Again. It is neither unreasonable nor arbitrary. persons licensed to pursue occupations which may in the public need and interest be affected by the exercise of the police power embark in these occupations subject to the disadvantages which may result from the legal exercise of that power. are being devoted. according to the explanatory note. common inn or the like. motel. that some individuals in the community may be deprived of their present business or a particular mode of earning a living cannot prevent the exercise of the police power. the mere fact. call for a different conclusion. Precisely it was intended to curb the opportunity for the immoral or illegitimate use to which such premises could be. petitioners cannot be . to lease or rent room or portion thereof more than twice every 24 hours. How could it then be arbitrary or oppressive when there appears a correspondence between the undeniable existence of an undesirable situation and the legislative attempt at correction.another decision of significance: "It is urged on behalf of the plaintiffs-appellees that the enforcement of the ordinance could deprive them of their lawful occupation and means of livelihood because they can not rent stalls in the public markets. manager."27 Nor does the restriction on the freedom to contract. the sale of which outside the city markets under certain conditions is permitted x x x . lodging house. But it appears that plaintiffs are also dealers in refrigerated or cold storage meat. and.

is not license. and prosperity of the state x x x To this fundamental aim of our Government the rights of the individual are subordinated. Persons and property may be subjected to all kinds of restraints and burdens. or of the public order and safety. or otherwise within the proper scope of the police power. Neither should authority be made to prevail over liberty because then the individual will fall into slavery. then. and with business and occupations.' Implied in the term is restraint by law for the good of the individual and for the greater good of the peace and order of society and the general well-being. health. The right of the individual is necessarily subject to reasonable restraint by general law for the common good x x x The liberty of the citizen may be restrained in the interest of the public health. so that there . No man can do exactly as he pleases. but liberty should not be made to prevail over authority because then society will fall into anarchy. and the state in order to promote the general welfare may interfere with personal liberty. Liberty is a blessing without which life is a misery. The citizen should achieve the required balance of liberty and authority in his mind through education and personal discipline. with property. in order to secure the general comfort. Every man must renounce unbridled license. Thus: "One thought which runs through all these different conceptions of liberty is plainly apparent. It is this: 'Liberty' as understood in democracies.unaware that every regulation of conduct amounts to curtailment of liberty which as pointed out by Justice Malcolm cannot be absolute. lies at the bottom of the enactment of said law. it is 'liberty regulated by law."28 A similar observation was made by Justice Laurel: "Public welfare.

age and sex of the companion or companions as indefinite and uncertain in view of the necessity for determining whether the companion or companions referred to are those arriving with the customer or guest at the time of the registry or entering the room With him at about the same time or coming at any indefinite time later to join him. there is the attempt to impugn the ordinance on another due process ground by invoking the principles of vagueness or uncertainty. the standard for the validity of governmental acts is much more rigorous and exacting.29 It is noteworthy that the only decision of this Court nullifying legislation because of undue deprivation of freedom to contract.32 How justify then the allegation of a denial of due process? Lastly. People v.may be established the resultant equilibrium.31 What may be stressed sufficiently is that if the liberty involved were freedom of the mind or the person. which means peace and order and happiness for all. relationship. a proviso in one of its sections which cast doubt as to whether the maintenance of a restaurant in a . The policy of laissez faire has to some extent given way to the assumption by the government of the right of intervention even in contractual relations affected with public interest. however. the permissible scope of regulatory measure is wider. Petitioners. point to the requirement that a guest should give the name.30 no longer "retains its virtuality as a living principle. Pomar. but where the liberty curtailed affects at the most rights of property. It would appear from a recital in the petition itself that what seems to be the gravamen of the alleged grievance is that the provisions are too detailed and specific rather than vague or uncertain.

Wherefore. Sanchez.. and Dizon. Reyes. Concepcion. Far from it. C. another proviso which from their standpoint would require a guess as to whether the "full rate of payment" to be charged for every such lease thereof means a full day's or merely a half-day's rate. the attack against the validity of the challenged ordinance cannot be considered a success. JJ. with all due allowance for the arguments pressed with such vigor and determination. Zaldivar.33 to Adderley v. Florida. are on leave. Makalintal.. As it stands. From Connally v. With costs. Respect for constitutional law principles so uniformly held and so uninterruptedly adhered to by this Court compels a reversal of the appealed decision.J."35 That is all then that this case presents. Footnotes . Bengzon. do these allegations suffice to render the ordinance void on its face for alleged vagueness or uncertainty? To ask the question is to answer it.. It may be asked.B.L. General Construction Co.P.motel is dependent upon the discretion of its owners or operators.34 the principle has been consistently upheld that what makes a statute susceptible to such a charge is an enactment either forbidding or requiring the doing of an act that men of common intelligence must necessarily guess at its meaning and differ as to its application. the judgment of the lower court is reversed and the injunction issued lifted forthwith. J. J. J. Castro and Angeles. Is this the situation before us? A citation from Justice Holmes would prove illuminating: "We agree to all the generalities about not supplying criminal laws with what they omit but there is no canon against using common sense in construing laws as saying what they obviously mean.. concur.

There is no occasion to consider even cursorily the alleged invasion of the right of privacy or the prohibition against self-incrimination. In a progressive society. social consciousness quickens. in a world of trusts and unions and large-scale industry. If Congress or legislature does not regulate. L-18102. laissez faire ² not the individual ² must be the regulator. Mayfair Hotel. 677. (1915) 31 Phil. 2 1 U. it cannot be reduced to a constitutional formula. at p. Social development is a process of trial and error. Salaveria. Pacis. Tamparong. 5 4 Noble state Bank v. 819).S. Holiday Motel. The law must be sensitive to life. U. 13 Uy Ha v. City of Manila. May 30. V. L-14149. June 30. 610. in resolving cases. Miranda v. (1938) 65 Phil. Siesta Court. Nor as yet. as a response to the dynamic aspects of society. 15 14 U. Instead. (Hamilton. U. at p. 6 7 8 9 U. 321.S. 11 U.S. January 5. 412. (1915) 31 Phil. Golden Gate Motel. Palm Spring Hotel. 12 U. 328. 'society is more than bargain and business' and the jurist's art rises to no higher peak than in vindicating interests not represented by the items in a balance-sheet. Sun Valley Hotel. Palo Alto Hotel. 369. (1912) 24 Phil. 625. Rodriguez. L-15719. Rainbow Motel. It defies legal definition. 1. Ten Yu. true to its etymology is the power to shape policy. Belderol. Also: "To Frankfurter the police power. v. People vs. 102.S. Paradise Hotel. (1918) 39 Phil. 759. it must meet the challenge of drastic social change. 1969. Lapera v. For him as for Holmes. 1. 1163. it must not fall back upon sterile claims. Gomez-Jesus. See also Sarmiento v.S. 102. vs. 219 U. Hotel Monte Carlo. 1931. 1155. 1962. Daet. Joson. U. In the face of the unknown one cannot choose with certainty. 660. L17252.S. in the making of policy the fullest possible opportunity must be given for the play of the human mind. (1957) 101 Phil. Petitioners obviously are not the proper parties to do so. Nor may such an incurable defect be remedied by an 16 . Ichong v. has the whole of truth been brought up from its bottomless well and how fragile in scientific proof is the ultimate validity of any particular economic adjustment. Springfield Hotel. Salaveria (1918).The eighteen members are Waldorf Hotel. Miami Hotel.S. v. Hotel del Mar Longbeach Hotel and Ritz Motel. New Palace Hotel. Flamingo Motel. new interests emerge. May 31.S. (1918) 38 Phil. v. 111.S. (1950) 85 Phil. Hernandez. 218. Espiritu-Santo. v. There was an affirmation of the presumption of validity of municipal ordinance as announced in the leading Salaveria decision in Eboña v. (1912) 23 Phil. Haskell.S. Giner Cruz. 10 U. U. (1918) 39 Phil. The City Mayor.S. vs. vs. 39 Phil. May 31. Provincial Board. vs. 3 282 US 251. its judgments are not derived from an abstract duel between liberty and the police power. Chan Hong. Vicente. v. Cf. new attitudes appeal. (1913) 26 Phil. 1961. 1961. Preview of a Justice (1939) 48 Yale Law Journal. (1918) 38 Phil. 524. (1915) 31 Phil. Rubi v.

Shellbyville. Medberry. A general merchant. 1966. Ed 477. Cruz (1914). 660.. Ann. Ed 579. 27 L. 19: Drew County v..S. 7. McGuigan v. Postpone.S. 41 Ind. at 487. v. Cafeteria Workers v. United States Distilling Co. 25 24 23 Ormoc Sugar Co. 313. Long Branch Commissioner. the facilities. Sweet v.S.accommodating intervenor "who has always taken advantage of as he exclusively relies on. Illinois. 207. 25 La. Tea Co. City of Wabash. L19824. 70 Phil. No.S. 98 Phil. M'Culloch v. Maryland. 46. 539. 4 L. 26 27 Co Kian & Lee Ban v. Rubi v. citing Great Atl & Pac. 81 L. U. (1955) 96 Phil. Bacolod Murcia Milling. 68 Ga. Geiger-Jones (1916). Frankfurter. at 706.R. (1922) 42 Phil. City of New Orleans.. 227. Hannah v.S. 112 Ill. 89 Wis. Rep. 649. v. 29 28 Calalang v. 121.33. 189 Ala.S. 62 N. 525. 586.L. Butler. 32 31 Cf. Fleming. Ann.. 728. 816. (1959) 359 U. 654. 1967. 19 Ind. citing City of New Orleans v. 461. No alternative was left to this Court except to follow the then controlling decision in Adkins v. Bartkus v. 417. 12 N. Court. 379. Town of Belmont. 17 Misc. Merced County v. Rep. 8 . 364. 340. L-24322.W. Wiley y. Cu Unjieng v.. services and accommodations offered by petitioner-motels. Jones v. 421. (1939) 308 U. Larche. Justice Holmes and the Supreme Court. Hardie-Tynes Manufacturing Co. 31 La. City of Manila. 30 46 Phil. Burnett 32 Ala. has no legitimate cause for complaint. 818. 39 Ind.. 301 U. Goldsmith v. Dennehy v. McElroy. Municipal Board. American Supreme Court decisions having thus an obligatory effect. 43 Ark. At least. 17 Frankfurter. v Grosjean. 300 U. Parrish (1937).Y. 42 N. 4 Wheat 316. Provincial Board. Ex parte Burnett 30 Ala. Mr. (1938) pp. 46496. 646. People. 66. 297 US 1. Ill Cal. and Muhlenbrinck v. citing Hall v. 148 (1955). Williams (1940). Municipal Board of Ormoc City. 36 Am. Physical Therapy Organization v. Cramer v. 1193. at 733-734. 70 Phil. doing business not only in Baguio City but in the City of Manila. quoting a concurring opinion of Justice Laurel in Ang Tibay v. 120 Ill. which subsequently was overruled in West Coast Hotel v. (1919) 39 Phil. 420.S. 518. 392. 1230. 109 Ill. Cheny v. McGraw.S. (1961) 367 U. 80 L. 412. City Council of West Point. Ed. Stafford. People ex rel.E.S. 364. 440 (1924). Children's Hospital (1924).J. 43 Pac. 726. Owens. Craig v. 18 19 20 21 22 Citing Swarth v. 627.S. 1142. vs. 242 U. 637. At pp. Court (1940). 39 N. G. Pearson v. at 360. (1960) 363 U. Ann. 32. "In weighing arguments of the parties it is important to distinguish between the due process clause of the Fourteenth Amendment as an instrument for transmitting the . City of Chicago. Antamok Goldfields Mining Co. v. 429. The Philippines was then under American sovereignty. Bennet. Grady. 621. 829-830. v. 84. The Lutz decision was followed in Republic v. July 21. not according to the case as it has been developed. Williams v. July 9. 828. 261 U. City of Chicago. (1957) 101 Phil.

Barnette. 337. is much more definite than the test when only the Fourteen is involved.339. S. 33 269 U. The test of legislation which collides with the Fourteenth Amendment because it also collides with the principles of the First. of assembly. Roschen v. They are susceptible of restriction only to prevent an immediate danger to interests which the state may lawfully protect. The right of a State to regulate. Nov. 319 U.principles of the First Amendment and those cases in which it is applied for its own sake. 624. Ward (1929).S. 385 (1926). of Edu v. Much of the vagueness of the due process clause disappears when the specific prohibition of the First become its standard. (1942)." (West Virginia State Bd. 1966. 2d 149. 279 U. at 639).S. ed. so far as the due process test is concerned. for example. 14. But freedoms of speech and of press. and of worship may well be infringed on such slender grounds. a public utility may well include. power to impose all of the restrictions which a legislature may have a 'rational basis' for adopting. 34 35 . 17 L.

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