Prepared by Mamerto R.

Egargo Jr

17) Ermita Malate Hotel and Motel Operators, Inc. v. City Mayor of Manila (G.R.
No. L-24693, July 31, 1967, 20 SCRA 849 )

Fact
Acting Mayor-Vice Mayor Astorga of Manila execute an ordinance no 4760
imposing all motels and hotels in Manila an increase in tax per annum a total
of P6000 for first class and 4500 for second class. Furthermore, it requires
every motel or hotel to have a background check by filling up their surname,
given name and middle name, the date of birth, the address, the occupation,
the sex, the nationality, the length of stay and the number of companions in
the room, if any, with the name, relationship, age and sex with data furnished
as to his residence certificate as well as his passport number. It also disallows
costumers who is below 18; if below 18 it should be accompanied by their
parents or guardian. Ermita Malate Hotel and Motel Operators, Inc. filed a
petition for prohibition saying that the ordinace is arbitrary, unreasonable or
oppressive, vague, indefinite and uncertain, and likewise allege the invasion of
the right to privacy and the guaranty against self-incrimination.

Issue
WON Ordinance no. 4760 is a violation of due process

Held
No. The SC reversed the decision of the lower court saying that the ordinance
has the presumption of regularity. The burden lies to the Ermita Malate Hotel
and Motel Operators, Inc. to prove its irregularity. Further, it is also a valid
exercise of police power. It discourages and lessens immorality like
prostitution. Raising the tax is one of the powers of the state too.
19) CASE DIGEST : White Light Corp., vs City of Manila

G.R. No. 122846 January 20, 2009 WHITE LIGHT CORPORATION, TITANIUM
CORPORATION and STA. MESA TOURIST & DEVELOPMENT CORPORATION,
Petitioners, vs. CITY OF MANILA, represented by DE CASTRO, MAYOR
ALFREDO S. LIM, Respondent.

Police Power – Not Validly Exercised – Infringement of Private Rights

On 3 Dec 1992, then Mayor Lim signed into law Ord 7774 entitled “An
Ordinance” prohibiting short time admission in hotels, motels, lodging houses,
pension houses and similar establishments in the City of Manila. White Light
Corp is an operator of mini hotels and motels who sought to have the
Ordinance be nullified as the said Ordinance infringes on the private rights of
their patrons. The RTC ruled in favor of WLC. It ruled that the Ordinance
strikes at the personal liberty of the individual guaranteed by the Constitution.
The City maintains that the ordinance is valid as it is a valid exercise of police
power. Under the LGC, the City is empowered to regulate the establishment,
operation and maintenance of cafes, restaurants, beerhouses, hotels, motels,
inns, pension houses, lodging houses and other similar establishments,
including tourist guides and transports. The CA ruled in favor of the City.

ISSUE: Whether or not Ord 7774 is valid.

HELD: The SC ruled that the said ordinance is null and void as it indeed
infringes upon individual liberty. It also violates the due process clause which
serves as a guaranty for protection against arbitrary regulation or seizure. The
said ordinance invades private rights. Note that not all who goes into motels
and hotels for wash up rate are really there for obscene purposes only. Some
are tourists who needed rest or to “wash up” or to freshen up. Hence, the
infidelity sought to be avoided by the said ordinance is more or less subjected
only to a limited group of people. The SC reiterates that individual rights may
be adversely affected only to the extent that may fairly be required by the
legitimate demands of public interest or public welfare.