Ermita-Malate Hotel/Motel vs. City of Manila (20 SCRA 849)

Facts: On June 13, 1963, the Municipal Board of Manila passed Ordinance No. 4760 with the following provisions questioned for its violation of due process:
  1. refraining from entertaining or accepting any guest or customer unless it fills out a prescribed form in the lobby in open view;
  2. prohibiting admission o less than 18 years old;
  3. usurious increase of license fee to P4,500 and 6,000 o 150% and 200% respectively (tax issue also);
  4. making unlawful lease or rent more than twice every 24 hours; and
  5. cancellation of license for subsequent violation.
The lower court issued preliminary injunction and petitioners raised the case to SC on certiorari.

Issue: Is the ordinance compliant with the due process requirement of the constitution?

Held: Ordinance is a valid exercise of police power to minimize certain practices hurtful to public morals. There is no violation o constitutional due process for being reasonable and the ordinance is enjoys the presumption of constitutionality absent any irregularity on its face. Taxation may be made to implement a police power and the amount, object, and instance of taxation is dependent upon the local legislative body. Judgment of lower court reversed and injunction lifted.


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