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Case Digest For Police Power

This document summarizes three court cases related to police power and due process in the Philippines: 1) Rubi vs Provincial Board of Mindoro: The court upheld the governor's order confining Mangyans to a reservation, finding it was for the general good and did not deprive them of liberty without due process. 2) Lao Ichong v Hernandez: The court upheld a law prohibiting most alien retail trade as a valid exercise of police power that did not violate equal protection or due process. 3) Romeo Edu- LTO Commissioner, v Ericta, Judge, CFI, Rizal, QC: The court upheld the "Reflector Law" requiring

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48 views

Case Digest For Police Power

This document summarizes three court cases related to police power and due process in the Philippines: 1) Rubi vs Provincial Board of Mindoro: The court upheld the governor's order confining Mangyans to a reservation, finding it was for the general good and did not deprive them of liberty without due process. 2) Lao Ichong v Hernandez: The court upheld a law prohibiting most alien retail trade as a valid exercise of police power that did not violate equal protection or due process. 3) Romeo Edu- LTO Commissioner, v Ericta, Judge, CFI, Rizal, QC: The court upheld the "Reflector Law" requiring

Uploaded by

Joesil Dianne
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Rubi vs Prrovincial Board of Mindoro

Facts:
Application of habeas corpus for Rubu and Manguaianes of Mindoro Province
They were illegally deprived of their liberty by the provincial officials
Held at a reservation against their will

Juan Morento Jr Governor of Mindoro


Under Sec 145 of Revised Administration Code, directed all Mangyans to go to Tigbao
reservation,
Any Mangyan who who refuses to comply will be convicted and imprisoned for not more than 60
days
Rubi and the others were held liable for violation of Sec 2579 Act # 2711
Due Process and Equal Protection Law
Jones Law- the 14th Amendment of the US Constitution
“No law enacted which deprives person of life, liberty, or property without due process of law or
deny one with equal protectin of laws”
Due process of law- hearing is not necessary.
As long as it:
- There exsts a law
- Reasonable in its operation
- Enforced according to its regular procedure
- Applicable to all, for the same class
Police power: the law of overruling necessity
Power belongs to legislature
Lawissez faire-past
No abuse of authority as though it is an unusual exercise but a great malady requires drastic
remedy.

The Mangyains aar restrainded for the general good.

The test of due process has been complied. There is also no slavery or involuntary servitude.
Petitioners were not deprived the liberty, and so habeas corpus is not in issue.
Lao Ichong v Hernandez: Aliens v. Secretary of Finance and Treasurer of Manila

Law in issue: An act to regulate the Retail Business


- It prohibits aliens to engage directly or indirectly in retail trade
- Except those already in operation
Petitioner: Lao Ichong contends law as unconstitutional
- It denies alien equal protection of laws
- Deprives liberty without due process of law
- Subject of Act is not expressed
- It violates treaties
Answer of Fiscal of Manila:
- Act is valid and within the scope of Police Power
- Only one subject- emnraced in the title
Police Power- so far reaching in scope, Constitution does not define, but merely sets limitation-
that is the Due Process of Law- (Art 2, Phil Consti)

No predominance of alien trade, however it was lowkey predominant.

Law enacted in interest of national security and within the scope of police power.
Classification of Aliens?
Yes, valid. Because
- Actual
- Real
- Reasonable
- All persons of same class were treated alike
Purpose: to prevent aliens to strangle the economy and/or the promotion of nationalization of
trade.
To conclude:
- Enactment of law is within the scope of police power
- Due Process was observed
- Provisions had no duplicity to mislead the population
- Law is not void, as there is no treaty which has been entered into.
Petition: Denied!
Romeo Edu- LTO COmissioner, v Ericta, Judge, CFI, Rizal, QC

Law: Reflector Law


Edu: Prayed that Galo be declared having no cause of action with respondent judge to dismiss
his suit.
Under the law, a vehicle has to comply with the reflective device before registration at the LTO
Galo and other motorists filed a suit- assailed validity- violative of the due process
Issue:
W/N Reflector Law and Administrtive Order 2 are within the scope of police power?
- Yes! To promote public safety, the legislative object.
- And so, Reflector Law is immune from attac.
- Separation of Powers: Congress cannot delegate power to toher branches of the
Government except in LGU
Calalang v Williams: Police Power will subject one to all kinds of restraint to secure the general
prosperity of the State.
Laissez faire: ConCon rejected as this is the thing of the past
Certiorari: granted!

Agustin v. Edu
LOI # 229 by Marcos
- Presence of stalled vehicles if exceeds 30 mins, a reflective triangular barrier must be
put.
-

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