-Villegas vs Hiu Chiong Tsai Pao Ho
[G.R. No. L-29646]
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. Section 1 of said Ordinance No. 6537 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.
Private respondent Hiu Chiong Tsai Pao Ho who was employed in Manila, filed a petition with the CFI of Manila, praying for the issuance of the writ of preliminary injunction and restraining order to stop the enforcement of Ordinance No. 6537 as well as for a judgment declaring said Ordinance No. 6537 null and void.
Respondent Judge Arca rendered judgment declaring Ordinance No. 6537 null and void and making permanent the writ of preliminary injunction.
Issue:
Whether or not Ordinance No. 6537 violated the equal protection clause of the constitution.
Held:
Yes.
Ratio:
The P50.00 fee is unreasonable not only because it is excessive but because it fails to consider valid substantial differences in situation among individual aliens who are required to pay it. Although the equal protection clause of the Constitution does not forbid classification, it is imperative that the classification should be based on real and substantial differences having a reasonable relation to the subject of the particular legislation. The same amount of P50.00 is being collected from every employed alien whether he is casual or permanent, part time or full time or whether he is a lowly employee or a highly paid executive.
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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