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.
Facts:
On December 3, 1992, City Mayor Alfredo S. Lim signed into law Manila City Ordinance No. 7774 entitled An Ordinance Prohibiting Short-Time Admission, Short-Time Admission Rates, and Wash-Up Rate Schemes in Hotels, Motels, Inns, Lodging Houses, Pension Houses, and Similar Establishments in the City of Manila. The ordinance sanctions any person or corporation who will allow the admission and charging of room rates for less than 12 hours or the renting of rooms more than twice a day.
RTC Declared ONo. 7774 Null and Void
Petitioners argued that the ordinance is unconstitutional and void since it violates the right to privacy and freedom of movement; it is an invalid exercise of police power; and it is unreasonable and oppressive interference in their business. Reference was made to the provisions of the Constitution encouraging private enterprises and the incentive to needed investment, as well as the right to operate economic enterprises. CA reversed the decision. Hence, this petition.
Why did the CA reverse the decision?
Section 458 (4) (iv) of the Local Government Code which confers on cities, among other local government units, the power:
[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.
Issue:
Whether Ordinance No. 7774 is a valid exercise of police power of the State.
Decision:
NO. It is not.
Requirements for a Valid Ordinance:
1) Must not contravene the Constitution or any statute; 2) Must not be unfair or oppressive; 3) Must not be partial or discriminatory; 4) Must not prohibit but may regulate trade; 5) Must be general and consistent with public policy; and 6) Must not be reasonable.
White Light vs. Ermita-Malate
PROHIBITION Short-Time stays which means the renting of the room for less than 12-hours or the renting of rooms for more than twice a day. Short-Time (wash-rate) Rates. (Interdiction of Practices {Personal and Business}) REGULATION
Imposition of higher fees. Signing of a form for guest providing personal and pertinent information. Freedom of the Mayor or the Police to inspect the establishments. Classification of the establishments with specified conditions. (Severe Restriction)
Objective:
To minimize if not eliminate the use of the covered establishments for illicit sex, prostitution, drug use and alike.
BUT,
The desirability of these ends do not sanctify any and all means for their achievement. Those means must align with the Constitution.
Not a Valid Exercise of Police Power
There is no compelling state interest, the right to privacy must be recognized and certain intrusions into the personal life of the citizen should stop. Prevention of lawful uses of the rates depriving freedom of movement. Unreasonable and oppressive interference in their business.
It is not necessary to extensively elaborate what is moral and immoral. What should be is the recognition that the individual liberty to make choices in our lives is innate, and protected by the State. It may that the implementation of moral norms remains and indispensable complement to governance, it is not absolute. There could be other ways to promote morality.
