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    Ichong v. Hernandez

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    Karl Michael Carvajal
    The Supreme Court upheld the validity of Republic Act 1180, which prohibited foreigners and foreign-owned corporations from engaging in retail trade in the Philippines. The petitioner claimed RA 1180 violated international treaties, but the Court found that RA 1180 was a valid exercise of police power, which cannot be limited by treaties. The Court also determined that RA 1180 addressed an actual threat to the national economy from foreign dominance and control of retail trade.

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    Ichong v. Hernandez

    Uploaded by

    Karl Michael Carvajal
    578 views2 pages
    The Supreme Court upheld the validity of Republic Act 1180, which prohibited foreigners and foreign-owned corporations from engaging in retail trade in the Philippines. The petitioner claimed RA 1180 violated international treaties, but the Court found that RA 1180 was a valid exercise of police power, which cannot be limited by treaties. The Court also determined that RA 1180 addressed an actual threat to the national economy from foreign dominance and control of retail trade.

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    The Supreme Court upheld the validity of Republic Act 1180, which prohibited foreigners and foreign-owned corporations from engaging in retail trade in the Philippines. The petitioner claimed RA 1180 violated international treaties, but the Court found that RA 1180 was a valid exercise of police power, which cannot be limited by treaties. The Court also determined that RA 1180 addressed an actual threat to the national economy from foreign dominance and control of retail trade.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    578 views2 pages

    Ichong v. Hernandez

    Uploaded by

    Karl Michael Carvajal
    The Supreme Court upheld the validity of Republic Act 1180, which prohibited foreigners and foreign-owned corporations from engaging in retail trade in the Philippines. The petitioner claimed RA 1180 violated international treaties, but the Court found that RA 1180 was a valid exercise of police power, which cannot be limited by treaties. The Court also determined that RA 1180 addressed an actual threat to the national economy from foreign dominance and control of retail trade.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    ICHONG VS.

    HERNANDEZ [101 PHIL 1155; L-7995; 31 MAY 1957]

    Sunday, February 01, 2009 Posted by Coffeeholic Writes Labels: Case Digests, Political Law

    Facts:

    Republic Act 1180 or commonly known as An

    Act to Regulate the Retail Business was passed. The said law provides for a prohibition against foreigners as well as corporations owned by foreigners from engaging from retail trade in our country. This was protested by the petitioner in this case. According to him, the said law violates the international and treaty of the Philippines therefore it is unconstitutional. Specifically, the Treaty of Amity between the Philippines and China was violated according to him.

    Issue:

    Whether or Not Republic Act 1180 is a valid

    exercise of police power.

    Held:

    According to the Court, RA 1180 is a valid

    exercise of police power. It was also then provided that police power can not be bargained away through the medium of a treaty or a contract. The Court also provided

    that RA 1180 was enacted to remedy a real and actual danger to national economy posed by alien dominance and control. If ever the law infringes upon the said treaty, the latter is always subject to qualification or amendment by a subsequent law and the same may never curtain or restrict the scope of the police power of the state.

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