ZACARIAS VILLAVICENCIO, ET AL.

, petitioners,
vs.
JUSTO LUKBAN, ET AL., respondents.
March 25, 1919
Facts
Justo Lukban, who was then the Mayor of the City of Manila, ordered the deportation of
170 prostitutes to Davao. His reason for doin so was to preserve the !orals of the people
of Manila. He "lai!ed that the prostitutes were sent to Davao, purportedly, to work for an
ha"iendero #eli"iano $nio. %he prostitutes were "onfined in houses fro! &"tober 1' to
1( of that year before bein boarded, at the dead of niht, in two boats bound for Davao.
%he wo!en were under the assu!ption that they were bein transported to another poli"e
station while $nio, the ha"iendero fro! Davao, had no idea that the wo!en bein sent to
work for hi! were a"tually prostitutes.
%he fa!ilies of the prostitutes "a!e forward to file "hares aainst Lukban, )nton
Hoh!ann, the Chief of *oli"e, and #ran"is"o +ales, the ,overnor of Davao. %hey prayed
for a writ of habeas "orpus to be issued aainst the respondents to "o!pel the! to brin
ba"k the 170 wo!en who were deported to Mindanao aainst their will.
Durin the trial, it "a!e out that, indeed, the wo!en were deported without their "onsent.
-n effe"t, Lukban for"ibly assined the! a new do!i"ile. Most of all, there was no law or
order authori.in Lukban/s deportation of the 170 prostitutes.
Issue
0hether we are a overn!ent of laws or a overn!ent of !en.
Held
0e are "learly a overn!ent of laws. Lukban "o!!itted a rave abuse of dis"retion by
deportin the prostitutes to a new do!i"ile aainst their will. %here is no law e1pressly
authori.in his a"tion. &n the "ontrary, there is a law punishin publi" offi"ials, not
e1pressly authori.ed by law or reulation, who "o!pels any person to "hane his
residen"e.
#urther!ore, the prostitutes are still, as "iti.ens of the *hilippines, entitled to the sa!e
rihts, as stipulated in the 2ill of 3ihts, as every other "iti.en. %heir "hoi"e of profession
should not be a "ause for dis"ri!ination. -t !ay !ake so!e, like Lukban, 4uite
un"o!fortable but it does not authori.e anyone to "o!pel said prostitutes to isolate
the!selves fro! the rest of the hu!an ra"e. %hese wo!en have been deprived of their
liberty by bein e1iled to Davao without even bein iven the opportunity to "olle"t their
belonins or, worse, without even "onsentin to bein transported to Mindanao. #or this,
Lukban et al !ust be severely punished.