G.R. No.

L-24693 July 31, 1967

ERMITA-MALATE HOTEL AND MOTEL OPERATORS ASSOCIATION, INC., HOTEL
DEL MAR INC. and GO CHIU, petitioners-appellees, vs. THE HONORABLE CITY
MAYOR OF MANILA, respondent-appellant. VICTOR ALABANZA, intervenor-
appellee.
Fernando, J.

Facts:
On June 13, 1963, the Municipal Board of Manila passed Ordinance No. 4760 with the
following provisions questioned for its violation of due process:
 refraining from entertaining or accepting any guest or customer unless it fills out
a prescribed form in the lobby in open view;
 prohibiting admission of less than 18 years old;
 usurious increase of license fee to P4,500 and 6,000 o 150% and 200%
respectively (tax issue also);
 making unlawful lease or rent more than twice every 24 hours; and
 cancellation of license for subsequent violation.

The lower court issued preliminary injunction and petitioners raised the case to SC on
certiorari.

Issue:
Is the ordinance valid exercise of police pwer?

Held:
Yes. Ordinance is a valid exercise of police power to minimize certain practices
hurtful to public morals. There is no violation of constitutional due process for being
reasonable and the ordinance is enjoys the presumption of constitutionality absent any
irregularity on its face. .As such a limitation cannot be viewed as a transgression against
the command of due process. It is neither unreasonable nor arbitrary. Precisely it was
intended to curb the opportunity for the immoral or illegitimate use to which such
premises could be, and, according to the explanatory note, are being devoted. Taxation
may be made to implement a police power and the amount, object, and instance of
taxation is dependent upon the local legislative body. Judgment of lower court reversed
and injunction lifted.