AMORA, ERNESTO JR. A.

21-JD-009

ERMITA MALATE HOTEL VS. CITY OF MANILA,

JULY 31, 1967 G.R. NO. L-24693

FACTS:

The Municipal Board of Manila passed Ordinance No. 4760 on June 13, 1963, with the
following provisions questioned for their 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 persons under the age of 18; usury increase of
license fee to P4,500 and 6,000 o 150 percent and 200 percent respectively (tax issue also);
making unlawful lease or rent moratorium The lower court ordered a preliminary injunction,
and petitioners filed a certiorari petition with the Supreme Court.

ISSUE: Whether or not the ordinance compliant with the due process requirement of the
constitution.

HELD:

Ordinance is a legal way for the police power to limit certain acts that are harmful to public
morals. The ordinance has the presumption of validity absent any irregularities on its face,
and there is no breach of constitutional due process for being reasonable. As a result, a
restriction cannot be considered a violation of the rule of law. It isn't irrational or arbitrary in
any way.

It was specifically meant to limit the immoral or illicit uses to which such premises could be
dedicated, and, according to the explanatory note, are already being devoted. Taxation may
be used to carry out a police power, and the amount, object, and method of taxation are all
determined by the local legislative body. The lower court's decision was overturned, and the
injunction was lifted.