Neil Abuel A.

Morada I-BGC Eve

Law 100: Persons and Family Relations

Ermita-Malate Hotel and Motel Operators Association, Inc. v City Mayor of Manila
G.R. No. L-24693; July 31, 1967
Ponente: Fernando, J.

TOPIC: Police Power

FACTS:

 June 13, 1963: Municipal Board of Manila City enacted Ordinance No. 4760; approved the next day by
Vice Mayor Hermino Astorga, acting mayor.
o Increase in license fees: P6,000.00 (first class motels) and P4,500.00 (second class motels)
o Requirement to fill out information sheet which will be accessible to public during the stay of
the customer
o Open inspection of Mayor or Chief of Police
o Prohibiting a person of age less than 18 y/o unless accompanied by parents/legal guardian
o Prohibits lease of room for more than twice every 24 hrs
o Subsequent conviction to above would cause automatic cancellation of license to operate
 July 6, 1963: Lower court issued a writ of preliminary injunction as response to the petitioner’s plea
 Aug. 3, 1963: Mayor stated that following arguments:
o Cause of action was to curb immorality which is valid exercise of police power
o Only guest and customers could complain on the alleged invasion of right to privacy
 The lower court held that the ordinance is unconstitutional and therefore null and void.

ISSUE AND HOLDING:

1. W/N the ordinance is unconstitutional even if there is lack of evidence. NO.

2. W/N the use of the police power is unconstitutional. NO.
3. W/N the ordinance shall be considered unconstitutional due to the vagueness and uncertainty. NO.

RATIO:

1.a. Presumption of constitutionality must prevail in the absence of some factual foundation of record for
overthrowing the statute (Brandeis, J., American SC.)

b. The judiciary should not set aside legislative action when there is no clear invasion of personal rights.

2.a. According to Vice Mayor Hermino Astorga on his explanatory note, there is an alarming increase in
rate of prostitution, adultery and fornication in Manila, traceable in great part to the existence of
motels.

b. Exercise of police power is to prescribe regulations to promote the health, morals, peace , good order,
safety and general welfare of the people.

c. The enactment of the ordinance acted as the remedial measure of the City of Manila.

d. The liberty of the citizen may be restrained in the interest of public health or of order and safety.
(Malcolm, J.)

3. The thought of the ordinance being vague arises from the petitioner’ clarification on the certain
provisions which can easily be answered using common sense.

DISPOSITION:

The Court reverses the decision of the lower court and the issued writ of preliminary injunction is lifted.