Title
Villegas vs. Hiu Chiong Tsai Pao Ho
Case
G.R. No. L-29646
Decision Date
Nov 10, 1978
A Manila ordinance requiring non-citizens to secure employment permits was declared void for violating uniformity in taxation, due process, equal protection, and improperly delegating legislative power.

Case Digest (G.R. No. L-29646)
Expanded Legal Reasoning Model

Facts:

  • Parties and Procedural Posture
    • Petitioner: Mayor Antonio J. Villegas, challenging the trial court’s decision in Civil Case No. 72797 granting injunctive and declaratory relief against City Ordinance No. 6537.
    • Private respondent: Hiu Chiong Tsai Pao Ho, an alien employed in Manila, moved for a preliminary injunction and judgment declaring Ordinance No. 6537 null and void.
  • Ordinance No. 6537
    • Enactment: Passed by the Municipal Board of Manila on February 22, 1968; signed by Mayor Villegas on March 27, 1968.
    • Substance:
      • Prohibits aliens from employment or engaging in any business, trade, or occupation within Manila without securing an employment permit from the Mayor and paying a P50 fee.
      • Exemptions: Diplomatic and consular personnel, technical assistance program participants, household workers of exempt persons, and uncompensated religious workers.
      • Penalties: Imprisonment of 3–6 months, fine of P100–P200, or both, upon conviction.
  • Trial Court Proceedings and Appeal
    • May 4, 1968: Hiu Chiong Tsai Pao Ho filed Civil Case No. 72797 before the Court of First Instance of Manila, Branch I.
    • May 24, 1968: Writ of preliminary injunction issued.
    • September 17, 1968: Trial court permanently enjoined enforcement of Ordinance No. 6537 and declared it null and void.
    • March 27, 1969: Mayor Villegas filed a petition for certiorari in the Supreme Court, assigning errors on the grounds of uniformity of taxation, undue delegation of legislative power, and violation of due process and equal protection.

Issues:

  • Does Ordinance No. 6537 violate the constitutional rule on uniformity in taxation?
  • Does the ordinance constitute an unlawful delegation of legislative power to the Mayor?
  • Does the ordinance violate the due process and equal protection clauses of the Constitution?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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