ERMITA-MANILA HOTEL V. CITY OF MANILA G.R. No. L-24693 July 31, 1967
FACTS:
The petitioners filed a petition for prohibition against Ordinance No. 4760 for being violative of the due process clause, contending that said ordinance is not only arbitrary, unreasonable or oppressive but also vague, indefinite and uncertain, and likewise allege the invasion of the right to privacy and the guaranty against self-incrimination.
Ordinance No. 4760 has the following provisions:
1. Refraining from entertaining or accepting any guest or customer unless it fills out a prescribed form in the lobby in open view;
2. prohibiting admission of less than 18 years old;
3. imposition of P6,000.00 license fee per annum for first class motels and P4,500.00 for second class motels
4.It is unlawful for the owner to lease any room or portion thereof more than twice every 24 hours.
5. Automatic cancellation of license for subsequent violation of the Ordinance.
The lower court ruled in favor of Ermita-Manila Hotel. Hence, the appeal.
ISSUE:
WON the ordinance is a valid exercise of police power of the State.
WON the ordinace is against the due process clause.
HELD:
1. YES. The ordinance was a regulatory measure. It did not prohibit motels. It merely regulated the mode in which it may conduct business in order precisely to put an end to practices which could encourage vice and immorality. The ordinance is aim to minimize prostitution. The increase in taxes not only discourages hotels/motels in doing any business other than legal but also increases the revenue of the LGU concerned.
2. NO. 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.
Hence, judgment of the lower court is reversed and the injunction issued lifted forthwith.