Ichong vs Hernandez

G.R. No. L-7995 , 101 Phil. 115 May 31, 1957

Facts: Petitioner Lao H. Ichong filed a petition to obtain a judicial declaration that Republic Act 1180 is
unconstitutional, and to enjoin the Secretary of Finance and all other persons acting under him, particularly city
and municipal treasurers, from enforcing its provisions. Petitioner attacks the constitutionality of the Act,
contending that: (1) it denies to alien residents the equal protection of the laws and deprives of their liberty and
property without due process of law; (2) the subject of the Act is not expressed or comprehended in the title
thereof; (3) the Act violates international and treaty obligations of the Republic of the Philippines. In answer, the
Solicitor-General and the Fiscal of the City of Manila contend that the Act was passed in the valid exercise of the
police power of the State, which exercise is authorized in the Constitution in the interest of national economic
survival.

Issue: Whether or not Republic Act 1180 violates the equal protection of laws.

Held/Ruling: No. According to the Court, RA 1180 is a valid exercise of police power. It was also then provided
that police power cannot be bargained away through the medium of a treaty or a contract. The enactment
clearly falls within the scope of the police power of the State. The law does not violate the equal protection
clause of the Constitution because sufficient grounds exist for the distinction between alien and citizen in the
exercise of the occupation regulated, nor the due process of law clause, because the law is prospective in
operation and recognizes the privilege of aliens already engaged in the occupation and reasonably protects their
privilege. The petition is hereby denied, with costs against the petitioner.