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Ichong v. Hernandez

This case involves the constitutionality of an Act that regulates retail trade businesses and prohibits corporations not wholly owned by Filipino citizens from engaging in retail trade. The court held that the Act did not violate equal protection or due process. It found that aliens and Filipino citizens could be treated differently because aliens do not contribute as much to the national economy and their presence in the country is not due to loyalty to the Philippines. The court also cited past issues with aliens monopolizing occupations as justification for the Act being a reasonable exercise of police power.
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0% found this document useful (0 votes)
69 views2 pages

Ichong v. Hernandez

This case involves the constitutionality of an Act that regulates retail trade businesses and prohibits corporations not wholly owned by Filipino citizens from engaging in retail trade. The court held that the Act did not violate equal protection or due process. It found that aliens and Filipino citizens could be treated differently because aliens do not contribute as much to the national economy and their presence in the country is not due to loyalty to the Philippines. The court also cited past issues with aliens monopolizing occupations as justification for the Act being a reasonable exercise of police power.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Ichong v.

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.

This prohibition is not absolute. Some exceptions are:

 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.

Some of the other provisions are:

1. Provision for forfeiting licenses of those who violate laws on


nationalization, economic control weights, trade, commerce, and industry

2. Prohibitions against opening and establishment by aliens engaged in retail
business of additional stores or branches of retails business 

3. Provision allowing heirs of aliens already engaged in retail business who
die, to continue such business for a period of six months for purposes of
liquidation.

The constitutionality of the act is being challenged as it allegedly denies alien residents
equal protection of laws and deprives them due process 


ISSUES AND HOLDING

WON RA1180 is unconstitutional

No.

RA 1180 is constitutional in relation to equal protection and due 
process.

The legislative did not mean for equal protection of the laws as absolute equality among

LIBUNAO C2021 | 1
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.

Reasonableness of legislation enacted in pursuance of police power is important when it


comes to due process.

Based on past experiences, aliens have monopolized occupations through pernicious


designs and practices.

LIBUNAO C2021 | 2

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