WHO EXERCISES THESE GOV’T POWER

Jun 18th, 2015
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In view of the requirements of due process, equal protection and other applicable constitutional guaranties, however, the exercise of such police power insofar as it may affect the life, liberty or property of any person is subject to judicial inquiry

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CONSTITUTIONAL LAW IICASESWHO EXERCISES THESE GOVT POWERcases:Ermita-Malate Hotel & Motel Operators Assoc., Inc vs Mayor of ManilaG.R. No. L-24693Police Power Due Process Clause On 13 June 1963, the Manila Municipal Board enacted Ord 4760 and the same was approved by then acting mayor Astorga. Ord 4760 sought to regulate hotels and motels. It classified them into 1st class (taxed at 6k/yr) and 2nd class (taxed at 4.5k/yr). It also compelled hotels/motels to get the demographics of anyone who checks in to their rooms. It compelled hotels/motels to have wide open spaces so as not to conceal the identity of their patrons. Ermita-Malate impugned the validity of the law averring that such is oppressive, arbitrary and against due process. The lower court as well as the appellate court ruled in favor of Ermita-Malate.ISSUE: Whether or not Ord 4760 is against the due process clause.HELD: The SC ruled in favor of Astorga. There is a presumption that the laws enacted by Congress (in this case Mun Board) is valid. W/o a showing or a strong foundation of invalidity, the presumption stays. As in this case, there was only a stipulation of facts and such cannot prevail over the presumption. Further, the ordinance is a valid exercise of Police Power. There is no question but that the challenged ordinance was precisely enacted to minimize certain practices hurtful to public morals. This is to minimize prostitution. The increase in taxes not only discourages hotels/m

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