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White Light Corporation v.

City of Manila, 576 SCRA 416 (2009)

Facts: The City of Manila issued Ordinance No. 7774, which prohibits the hotels, motels, inns, pension
houses, and other similar establishments from employing short-time admissions, wash-up rate schemes,
or renting out rooms twice a day.

The Petitioners herein argued that the ordinance adversely affects their business interests. They also
invoked the third party standing to plead in behalf of their customers who are hindered from bringing
the suit because of the silence of the constitution as regards litigation of special interest groups.

Respondent in defense cited that the ordinance comes within its awesome police power in order
regulate the operations of the establishments within its jurisdiction.

Issue: Whether Ordinance No. 7774 is infringes on the constitutional rights to liberty and privacy when it
prohibits establishments from offering wash-up rate and other short-time services

Ruling: Yes, Ordinance No. 7774 infringes on the constitutional rights to liberty and privacy, and
amounts to a deprivation of liberty and property without due process. In seeking to prohibit the wash-
up rates and other short-time admissions, the ordinance becomes a blanket ban on the services that
may be availed for legitimate purposes as well. While it is true that illicit affairs may be practiced
through these short-time services, they are also used legitimately by families who wish to pass the time
during power outages, transit passengers needing a moment’s rest, or even other people needing
comfortable private spaces. Additionally, sex among married couples or consenting adults are protected
by our constitution and can also be impaired by said ordinance. Police power in this case has not passed
the strict scrutiny test and has not shown compelling state interest to bar the services sought to be
prohibited by the ordinance. The constitutional rights to liberty and privacy are given primacy and the
ordinance was thus declared unconstitutional.

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