Ordinance No. 6537 prohibited aliens from being employed in Manila without an employment permit. The ordinance was challenged as violating due process. The court held that requiring a permit from the mayor, who could withhold it at will, denied aliens the basic right to engage in livelihood. While the Philippines can control admission of aliens, once admitted, aliens cannot be deprived of life or means of livelihood without due process. The due process and equal protection clauses protect both citizens and aliens.
Ordinance No. 6537 prohibited aliens from being employed in Manila without an employment permit. The ordinance was challenged as violating due process. The court held that requiring a permit from the mayor, who could withhold it at will, denied aliens the basic right to engage in livelihood. While the Philippines can control admission of aliens, once admitted, aliens cannot be deprived of life or means of livelihood without due process. The due process and equal protection clauses protect both citizens and aliens.
Ordinance No. 6537 prohibited aliens from being employed in Manila without an employment permit. The ordinance was challenged as violating due process. The court held that requiring a permit from the mayor, who could withhold it at will, denied aliens the basic right to engage in livelihood. While the Philippines can control admission of aliens, once admitted, aliens cannot be deprived of life or means of livelihood without due process. The due process and equal protection clauses protect both citizens and aliens.
Ordinance No. 6537 prohibited aliens from being employed in Manila without an employment permit. The ordinance was challenged as violating due process. The court held that requiring a permit from the mayor, who could withhold it at will, denied aliens the basic right to engage in livelihood. While the Philippines can control admission of aliens, once admitted, aliens cannot be deprived of life or means of livelihood without due process. The due process and equal protection clauses protect both citizens and aliens.
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G.R. No.
L-29646 November 10, 1978
MAYOR ANTONIO J. VILLEGAS, petitioner, vs. HIU CHIONG TSAI PAO HO and JUDGE FRANCISCO ARCA, respondents. FACTS Ordinance No. 6537 was passed by the Municipal Board of Manila on February 22, 1968 and signed by the herein petitioner Mayor Antonio J. Villegas of Manila on March 27, 1968. It prohibits aliens from being employed or to 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 except persons employed in the diplomatic or consular missions of foreign countries, or in the technical assistance programs of both the Philippine Government and any foreign government, and those working in their respective households, and members of religious orders or congregations, sect or denomination, who are not paid monetarily or in kind. ISSUES Whether or not Ordinance No. 6537 is a valid exercise of the due process of law? HELD 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.