Ichong v. Hernandez
Ichong v. Hernandez
Hernandez
101 PHIL 1155 | May 31, 1957
LABRADOR, J.
Doctrine
The legislative did not mean for equal protection of the laws as absolute equality among
residents. It merely requires that those under like circumstances and conditions and
within a specified class, should be treated alike.
FACTS
An Act to Regulate the Retail Business was passed to systematize the retail trade business
across the nation.
Some provisions in the RA prohibit corporations not wholly owned by citizens of the
Philippines from engaging directly or indirectly in retail trade throughout the country.
aliens engaged in business on May 15, 1952 who are allowed to continue their
business with a valid license until their death or voluntary retirement until 10
years after the approval of the act;
citizens and juridical entities of the United States.
The constitutionality of the act is being challenged as it allegedly denies alien residents
equal protection of laws and deprives them due process
No.
The legislative did not mean for equal protection of the laws as absolute equality among
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residents. It merely requires that those under like circumstances and conditions and
within a specified class, should be treated alike.
In this case, the alien does not truly make a genuine contribution to the national income
of the country. His wealth, gains, and profits are not industries that would help the
country’s economy to improve and the national wealth to increase.
Moreover, the
alien’s stay here is merely for personal convenience and not of loyalty
and enthusiasm for the country.
Therefore, the aliens fall under a different classification from persons and corporations
wholly owned by Filipino citizens.
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