Lester D. Mojado Ms. Carla A.

Abenilla

BSTM – 2nd Yr.

WHITE LIGHT CORPORATION, TITANIUM CORPORATION and STA. MESA

TOURIST AND DEVELOPMENT CORPORATION petitioner v. CITY OF MANILA

I. Facts

1. Mayor Alfredo Lim passed an Ordinance which penalized hotels, motels,

lodging houses, pension houses and similar establishments that offer short

time admission (stay for less than 12 hours) and “wash up” rates (stay for

only 3 hours). Any violation would result to either P5,000 or imprisonment for

less that 1 year or both.

2. Malate Tourist and Development Corporation filed a complaint of declaratory

relief:

a. Praying for an injunction/TRO to be issued, and

b. Praying to have the Ordinance be declared invalid and unconstitutional.

3. White Light Corporation, Titanium Corporation and Sta. Mesa Tourist and

Development Corporation filed a motion to intervene in support of MTDC’s

petition on the ground that the Ordinance affected their business interests as

they operate several drive-in hotels and motels in Manila.

II. Issue

Whether or not Ordinance No. 7774 of Manila is a valid exercise of police power

III. Judged ruled for the defendant

 WHEREFORE, in view of all the foregoing, Ordinance No. 7774 of the City

of Manila is hereby declared null and void.

  Accordingly, the preliminary injunction here to for issued is hereby made

permanent.

IV. Reasoning

The Ordinance prevents the lawful uses of wash rate depriving patrons of a

product and the petitioners of lucrative business ties in with another

constitutional requisite for the legitimacy of the Ordinance as police power

measure. It must appear that the interest of the public, generally, as

distinguished from those of particular class, require an interference with private

rights and that the means employed be reasonably necessary for the

accomplishment of the purpose and not unduly oppressive of private rights. It

must be evident that no other alternative for the accomplishment of the purpose

less intrusive of the private rights can work. More importantly, a reasonable

relation must exist between the purpose of the measure and the means

employed for its accomplishment, for even under the guise of protecting the

public interest, personal rights and those pertaining to private property will not

be permitted to be arbitrarily invaded. Lacking a concurrence of these requisites,

the police measure shall be struck down as an arbitrary intrusion into private

rights.