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    Constitutional Law 1

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    Diana
    The petitioner, a Chinese businessman, sought to declare Republic Act No. 1180 unconstitutional. This act regulated retail trade by prohibiting non-Filipino citizens and entities from engaging in retail trade with some exceptions. The petitioner argued it violated equal protection and due process rights. The Supreme Court upheld the act, finding it a valid exercise of police power. The court noted police power is broad in scope and essential to self-protection and survival of the state. As public interests and welfare have expanded, the scope of police power has become almost boundless. The act was ruled a valid exercise of this broad police power.

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    Constitutional Law 1

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    Diana
    6 views2 pages
    The petitioner, a Chinese businessman, sought to declare Republic Act No. 1180 unconstitutional. This act regulated retail trade by prohibiting non-Filipino citizens and entities from engaging in retail trade with some exceptions. The petitioner argued it violated equal protection and due process rights. The Supreme Court upheld the act, finding it a valid exercise of police power. The court noted police power is broad in scope and essential to self-protection and survival of the state. As public interests and welfare have expanded, the scope of police power has become almost boundless. The act was ruled a valid exercise of this broad police power.

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    The petitioner, a Chinese businessman, sought to declare Republic Act No. 1180 unconstitutional. This act regulated retail trade by prohibiting non-Filipino citizens and entities from engaging in retail trade with some exceptions. The petitioner argued it violated equal protection and due process rights. The Supreme Court upheld the act, finding it a valid exercise of police power. The court noted police power is broad in scope and essential to self-protection and survival of the state. As public interests and welfare have expanded, the scope of police power has become almost boundless. The act was ruled a valid exercise of this broad police power.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    6 views2 pages

    Constitutional Law 1

    Uploaded by

    Diana
    The petitioner, a Chinese businessman, sought to declare Republic Act No. 1180 unconstitutional. This act regulated retail trade by prohibiting non-Filipino citizens and entities from engaging in retail trade with some exceptions. The petitioner argued it violated equal protection and due process rights. The Supreme Court upheld the act, finding it a valid exercise of police power. The court noted police power is broad in scope and essential to self-protection and survival of the state. As public interests and welfare have expanded, the scope of police power has become almost boundless. The act was ruled a valid exercise of this broad police power.

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    CONSTITUTIONAL LAW 1

    101 PHIL 1015

    ICHONG VS. HERNANDEZ et alG.R. No. L-7995 May 31,


    1957Ponente: Labrador, J.FACTS:

    Republic Act No. 1180 known as, “An Act to Regulate Retail
    Business” was passed by the
    Congress. The said RA nationalizes the retail trade business by
    prohibiting against persons notcitizens of the Philippines, as well as
    associations, partnerships or corporations the capital of which are
    not wholly owned by citizens of the Philippines, from engaging directly
    or indirectly inthe retail trade with the exception of U.S. citizens
    and juridical entities. Aliens are required topresent registration to the
    proper authorities a verified statement concerning their
    businesses.

    Now, petitioner Lao Ichong, was a Chinese businessman in the


    markets of Pasay City who seeksto declare the nullification of RA
    1180 for it violates the international and treaty obligations of the
    Republic of the Philippines. The said Act is unconstitutional, and to
    enjoin the Secretary of Finance and all other persons acting under
    him, particularly city and municipal treasurers, fromenforcing its
    provisions. He contends that RA 1180 denies to alien residents
    the equal protectionof the laws and deprives of their liberty and
    property without due process of law.
    ISSUES:
    Whether or not Republic Act No. 1180 is a valid exercise of police
    power.
    HELD/RULING: YES.
    There is no question that the Act was approved in the exercise of the
    police power, but petitionerclaims that its exercise in this instance is
    attended by a violation of the constitutional requirements of dueprocess
    and equal protection of the laws.
    Police Power -
    It has been said the police power is so far -reaching in scope, and it
    is almost impossible to limit its sweep. Itderives its existence from
    the very existence of the State itself, and doesnot need to be
    expressed or defined in its scope. It is said to be co-extensive
    with self-protection and survival, and as such it is the
    mostpositive and active of all governmental processes, the most
    essential,insistent and illimitable.Especially is it so under a modern
    democratic framework wherethe demands of society and of nations
    have multiplied to almostunimaginable proportions; the field and scope
    of police power hasbecome almost boundless, just as the fields of public
    interest and publicwelfare have become almost all-embracing and
    have transcended humanforesight.

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