Villegas Vs Hiu Chiong Digest

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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.

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