Beruflich Dokumente
Kultur Dokumente
,
petitioners,vs.
JUSTO LUKBAN, ET AL.,
respondents.March 25, 1919
Facts
J ust o L uk ba n, who was the n th e Ma yo r o f th e
City of Manila, ordered thed e p o r t a t i o n o f 1 7 0 p r o s t i t u t e s t o D a v a o . H i s
r e a s o n f o r d o i n g s o w a s t o preserve the morals of the people of Manila. He
claimed that the prostitutes were sent to Davao, purportedly, to work for an haciendero Feliciano
Ynigo. Theprostitutes were confined in houses from October 16 to 18 of that year beforebeing boarded, at
the dead of night, in two boats bound for Davao. The womenwere under the assumption that they were
being transported to another policestation while Ynigo, the haciendero from Davao, had no
idea that the womenbeing sent to work for him were actually prostitutes. The families of the
prostitutes came forward to file charges against
Lukban,A n t o n H o h m a n n , t h e C h i e f o f P o l i c e , a n d F r a n c i s c o S a l e s , t h e G o v e r n o
r o f Dav ao. T he y pra ye d f or a wri t o f h abe as cor pus to b e is sue d
a g a i n s t t h e respondents to compel them to bring back the 170 women who were deportedto Mindanao
against their will.During the trial, it came out that, indeed, the women were deported
withouttheir consent. In effect, Lukban forcibly assigned them a new domicile. Most of a l l , t h e r e
w a s n o l a w o r o r d e r a u t h o r i z i n g L u k b a n ' s d e p o r t a t i o n o f t h e 1 7 0 prostitutes.
Issue
Whether we are a government of laws or a government of men.
Held
We a r e c l e a r l y a g ov e r n me nt of l a ws . L uk ba n c o mmi t t e d a g r a v e a bus e
o f discretion by deporting the prostitutes to a new domicile against their will. There is no
law expressly authorizing his action. On the contrary, there is a lawpunishing public officials, not
expressl y authorized by law or regulation, who compels any person to change his residence.Furthermore,
the prostitutes are still, as citizens of the Philippines, entitled tothe same rights, as stipulated in the Bill of
Rights, as every other citizen. Theirchoice of profession should not be a cause for
discrimination. It ma y makesome, like Lukban, quite uncomfortable but it does not
authorize anyone tocompel said prostitutes to isolate themselves from the rest of the human
race. These women have been deprived of their libert y by being exiled to Davao without
even being given the opportunity to collect their belongings or, worse,without even consenting to being
transported to Mindanao. For this, Lukban etal must be severely punished.