On 13 June 1963, the Manila Municipal
Board enacted Ord 4760 and the same was approved by then acting mayor
Astorga. Ord 4760 sought to regulate hotels and motels. It classified
them into 1stclass (taxed at 6k/yr) and 2ndclass (taxed at 4.5k/yr).
It also compelled hotels/motels to get the demographics of
anyone who checks in to their rooms. It compelled hotels/motels to have wide open spaces so as not to conceal the identity of their patrons. Ermita-Malate impugned the validity of the law averring that such is oppressive, arbitrary and against due process. The lower court as well as the appellate court ruled in favor of Ermita-Malate.
anyone who checks in to their rooms. It compelled hotels/motels to have wide open spaces so as not to conceal the identity of their patrons. Ermita-Malate impugned the validity of the law averring that such is oppressive, arbitrary and against due process. The lower court as well as the appellate court ruled in favor of Ermita-Malate.
ISSUE:
Whether or not
Ord 4760 is against the due process clause.
HELD:
The SC ruled in
favor of Astorga. There is a presumption that the laws enacted by
Congress (in this case Mun Board) is valid. W/o a showing or a strong
foundation of invalidity, the presumption stays. As in this case,
there was only a stipulation of facts and such cannot prevail over
the presumption. Further, the ordinance is a valid exercise of Police
Power. There is no question but that the challenged ordinance was
precisely enacted to minimize certain practices hurtful to public
morals. This is to minimize prostitution. The increase in taxes not
only discourages hotels/motels in doing any business other than legal
but also increases the revenue of the lgu concerned. And taxation is
a valid exercise of police power as well. The due process contention
is likewise untenable, due process has no exact definition but has
reason as a standard. In this case, the precise reason why the
ordinance was enacted was to curb down prostitution in the city which
is reason enough and cannot be defeated by mere singling out of the
provisions of the said ordinance alleged to be vague.