Villegas vs
Ho
Facts:
A petition for certiorari is filed to review the decision rendered by the
CFI of Manila wherein Ordinance 6537, which prohibits aliens from being
employed or to engage or participate in any position or occupation or business
without first securing an employment permit from the Mayor of Manila and paying
the permit fee of fifty pesos xxx, was declared null and void for it is
arbitrary, oppressive and unreasonable, being applied only to aliens who are
thus deprived of their rights to life, liberty and property and therefore
violates the due process and equal protection clauses of the Constitution.
Issue:
WON respondent judge committed a serious and patent error of law in
ruling that ordinance 6537 violated the due process and equal protection
clauses of the Constitution.
Held:
No, respondent judge did not commit the errors assigned. 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 of Manila who may withhold or refuse it at 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.