WHITE LIGHT CORPORATION V. CITY OF MANILA G.R.No.122846 January 20, 2009
FACTS:
In 1992, Mayor Alfredo S. Lim signed into law the Ordinance No. 7744 that prohibits hotels, motels, inns, lodging houses, pension houses and similar establishments from offering short-time admission, as well as pro-rated or “wash up” rates or other similarly concocted terms, in the City of Manila.
The apparent goal of the Ordinance is to minimize if not eliminate the use of the covered establishments for illicit sex, prostitution, drug use and alike.
Petitioners White Light Corporation (WLC) et. al. filed a petition on the ground that the Ordinance directly affects their business interests as operators of drive-in-hotels and motels in Manila.
RTC ruled in favor of the petitioner.
CA reversed the decision and asserted that the Ordinance is a valid exercise of police power.
ISSUE:
WON the ordinance is constitutional.
HELD:
NO.The 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.
Hence, Petition is GRANTED. The Decision of the Court of Appeals is REVERSED.