CASE DIGEST : Ermita-Malate Hotel/Motel vs. City of Manila

G.R. No. L-24693 July 31, 1967 ERMITA-MALATE HOTEL AND MOTEL OPERATORS ASSOCIATION, INC., HOTEL DEL MAR INC. and GO CHIU, petitioners-appellees, vs. THE HONORABLE CITY MAYOR OF MANILA, respondent-appellant. VICTOR ALABANZA, intervenor-appellee.

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:
refraining from entertaining or accepting any guest or customer unless it fills out a prescribed form in the lobby in open view;
prohibiting admission o less than 18 years old;
usurious increase of license fee to P4,500 and 6,000 o 150% and 200% respectively (tax issue also);
making unlawful lease or rent more than twice every 24 hours; and
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. .As such a limitation cannot be viewed as a transgression against the command of due process. It is neither unreasonable nor arbitrary. Precisely it was intended to curb the opportunity for the immoral or illegitimate use to which such premises could be, and, according to the explanatory note, are being devoted. 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.