White Light Co. vs.

City of Manila, GR 122846, (2009) FACTS: On 3 Dec 1992, then Mayor Lim signed into law Ord 7774 entitled An Ordinance prohibiting short time admission in hotels, motels, lodging houses, pension houses and similar establishments in the City of Manila. White Light Corp is an operator of mini hotels and motels who sought to have the Ordinance be nullified as the said Ordinance infringes on the private rights of their patrons. The RTC ruled in favor of WLC. It ruled that the Ordinance strikes at the personal liberty of the individual guaranteed by the Constitution. The City maintains that the ordinance is valid as it is a valid exercise of police power. Under the LGC, the City is empowered to regulate the establishment, operation and maintenance of cafes, restaurants, beerhouses, hotels, motels, inns, pension houses, lodging houses and other similar establishments, including tourist guides and transports. The CA ruled in favor of the City. ISSUE: Whether or not Ord. 7774 is valid. HELD: The SC ruled that the said 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. TATEL VS MUN. OF VIRAC FACTS: Petitioner Celestino Tatel owns a warehouse in barrio Sta. Elena, Municipality of Virac. Complaints were received by the municipality concerning the disturbance caused by the operation of the abaca bailing machine inside petitioners warehouse. A committee was then appointed by the municipal council, and it noted from its investigation on the matter that an accidental fire within the warehouse of the petitioner created a danger to the lives and properties of the people in the neighborhood. Resolution No. 29 was then passed by the Municipal council declaring said warehouse as a public nuisance within a purview of Article 694 of the New Civil Code. According to respondent municipal officials, petitioners warehouse was constructed in violation of Ordinance No. 13, series of 1952, prohibiting the construction of warehouses near a block of houses either in the poblacion or barrios without maintaining the necessary distance of 200 meters from said block of houses to avoid loss of lives and properties by accidental fire. On the other hand, petitioner contends that Ordinance No. 13 is unconstitutional. ISSUES: (1) Whether or not petitioners warehouse is a nuisance within the meaning Article 694 of the Civil Code (2) Whether or not Ordinance No. 13, series of 1952 of the Municipality of Virac is unconstitutional and void. HELD: The storage of abaca and copra in petitioners warehouse is a nuisance under the provisions of Article 694 of the Civil Code. At the same time, Ordinance No. 13 was passed by the Municipal Council of Virac in the exercise of its police power. It is valid because it meets the criteria for a valid municipal ordinance: 1) must not contravene the Constitution or any statute, 2) must not be unfair or oppressive, 3) must not be partial or discriminatory, 4) must not prohibit but may regulate trade, 5) must be general and consistent with public policy, and 6) must not be unreasonable. The purpose of the said ordinance is to avoid the loss of property and life in case of fire which is one of the primordial obligation of government. The lower court did not err in its decision.