Title
Seng Kee and Co. vs. Earnshaw
Case
G.R. No. 34976
Decision Date
Oct 21, 1931
A 1920s toyo factory in Manila challenged city ordinances classifying its operations as noxious, citing health risks. Courts upheld the ordinances as valid police power to protect public health.

Case Summary (G.R. No. 34976)

Case Background

Seng Kee & Co., a commercial partnership, established a factory for producing toyo (soy sauce) under a license granted prior to the enactment of certain municipal ordinances. These ordinances subsequently classified the manufacture of toyo as a noxious industry that was restricted to designated industrial zones. Following complaints regarding the factory's operation, the City of Manila refused to renew Seng Kee's business license and ordered the relocation of the factory.

Ordinance Provisions

The Revised Ordinances divided the city into residential and industrial zones, declaring that certain trades, including the manufacture of toyo, could only be conducted in areas designated as industrial. Sections 1067 and 1068 specifically categorize the storage and production of toyo as offensive and unwholesome trades, thereby justifying restrictions on their operation based on public health and sanitation considerations.

Legal Issues

Seng Kee & Co. contested the constitutionality of the aforementioned sections, arguing that the ordinances deprived them of property without due compensation and exceeded the legislative powers of the City of Manila. The company's claims included assertions that they had always complied with health regulations, the classification of toyo as a noxious industry was erroneous, and that existing evidence was mishandled in court proceedings.

Findings and Judicial Reasoning

  1. Classification as Noxious Industry: The court upheld the classification of toyo manufacturing as noxious based on health risks related to the fermentation process, as substantiated by expert testimony. The court noted the unsanitary conditions created by the factory's operations, which attracted pests and produced smoke, potentially causing harm to local residents.

  2. Constitutionality of the Ordinances: The court emphasized the authority of the City of Manila to legislate zoning ordinances for public health and safety. The provisions in the ordinances were deemed a legitimate exercise of police power, designed to ensure proper sanitary conditions. The legislation restricts the use of property but does not constitute a taking of property or a violation of due process as it preserves ownership remains intact while regulating use.

  3. Evidence and Procedural Challenges: The plaintiff's objections to the admission of evidence were found to be unfounded. The court affirmed that the introduction of complaints from residents was appropriate for demonstrating the necessity of regulatory actions taken by the Bureau of Health.

  4. Failure to Prove Alleged Harm: The court determined that

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