Ichong vs Hernandez

Conflict with fundamental law; Police power

ICHONG VS HERNANDEZ
G.R. No. L-7995 May 31, 1957
LAO H. ICHONG, in his own behalf and in behalf of other alien residents, corporations and partnerships
adversely affected. by Republic Act No. 1180, petitioner,
vs.
JAIME HERNANDEZ, Secretary of Finance, and MARCELINO SARMIENTO, City Treasurer of
Manila, respondents.
Facts:
Driven by aspirations for economic independence and national security, the Congress enacted Act No.
1180 entitled An Act to Regulate the Retail Business. The main provisions of the Act, among others,
are:
(1) Prohibition against persons, not citizens of the Philippines, and against associations, among others,
from engaging directly or indirectly in the retail trade; and
(2) Prohibition against the establishment or opening by aliens actually engaged in the retail business of
additional stores or branches of retail business.

Lao H. Ichong, in his own behalf and on behalf of other alien residents, corporations and partnerships
adversely affected by the said Act, brought an action to obtain a judicial declaration, and to enjoin the
Secretary of Finance, Jaime Hernandez, and all other persons acting under him, particularly city and
municipal treasurers, from enforcing its provisions. Petitioner attacked the constitutionality of the Act,
contending that:
It denies to alien residents the equal protection of the laws and deprives of their liberty and property
without due process of law.
The subject of the Act is not expressed or comprehended in the title thereof.
The Act violates international and treaty obligations of the Republic of the Philippines.

Issue/s:
Whether or not a law may invalidate or supersede treaties or generally accepted principles.

Discussions:
A generally accepted principle of international law, should be observed by us in good faith. If a treaty
would be in conflict with a statute then the statute must be upheld because it represented an exercise of
the police power which, being inherent could not be bargained away or surrendered through the medium
of a treaty.
Ruling/s:
Yes, a law may supersede a treaty or a generally accepted principle. In this case, the Supreme Court saw
no conflict between the raised generally accepted principle and with RA 1180. The equal protection of the
law clause does not demand absolute equality amongst residents; it merely requires that all persons shall
be treated alike, under like circumstances and conditions both as to privileges conferred and liabilities
enforced; and, that the equal protection clause is not infringed by legislation which applies only to those
persons falling within a specified class, if it applies alike to all persons within such class, and reasonable
grounds exist for making a distinction between those who fall within such class and those who do not.

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