25 September 2021

Writing Prompt:

The City Government of Pasig issued Ordinance No. 2023, entitled “An Ordinance Imposing a
Curfew in the City of Pasig in light of COVID-19.” According to the ordinance, business
establishments found open past 6 PM or before 6 AM would be fined P5,000.00 for the first
offense, P25,000.00 for the second offense, and P50,000.00 for the third offense. In all cases, the
business permits would be cancelled without hearing.

X, an operator of a small coffeeshop, decided to keep his store open until 9 PM, but decided to
run the place entirely by himself. Allegedly, X claims that this would obviate the possibility of
transmission of the virus as there would be no other employees around other than customers. X
even installed hand-sanitizing stations and digital thermometers at the entrance of the
coffeeshop.

Nonetheless, X was charged with violation of Ordinance No. 2023. He has now come to you to
represent him in court. He claims his rights were violated but he has no idea where to begin.
How would approach this case?

You may only use these cases to support your legal position:

SPARK v. Quezon City, G.R. No. 225442, August 8, 2017

Ichong vs. Hernandez, G.R. No. L-7995, 31 May 1957.
Rubi v. Provincial Board of Mindoro, G.R. No. L-14078, March 7, 1919