Sunday, November 13, 2011

Villegas vs. Hui Chiong Tsai Pao Ho

FACTS: This case involves an ordinance prohibiting aliens from being employed or engage or participate in any position or occupation or business enumerated therein, whether permanent, temporary or casual, without first securing an employment permit from the Mayor of Manila and paying the permit fee of P50.00. Private respondent Hiu Chiong Tsai Pao Ho who was employed in Manila, filed a petition to stop the enforcement of such ordinance as well as to declare the same null and void. Trial court rendered judgment in favor of the petitioner, hence this case.

ISSUE: WON said Ordinance violates due process of law and equal protection rule of the Constitution.

HELD: Yes. The Ordinance The ordinance in question violates the due process of law and equal protection rule of the Constitution. Requiring a person before he can be employed to get a permit from the City Mayor who may withhold or refuse it at his will is tantamount to denying him the basic right of the people in the Philippines to engage in a means of livelihood. While it is true that the Philippines as a State is not obliged to admit aliens within its territory, once an alien is admitted, he cannot be deprived of life without due process of law. This guarantee includes the means of livelihood. The shelter of protection under the due process and equal protection clause is given to all persons, both aliens and citizens.

No comments:

Post a Comment