Wake Up, Philippines!

SC: Ban on ‘short time’ unconstitutional

Posted in Constitution, Constitutional Rights, Hotel, Judiciary, Jurisprudence, Laws, Legislation, LGUs by Erineus on February 1, 2009

MANILA, Philippines — The Supreme Court has declared unconstitutional a Manila ordinance banning “short time” admissions in motels, saying it violates the rights not only of motel owners but also of married couples.

The high court decision, penned by Associate Justice Dante Tinga, also overturned a Court of Appeals ruling that voided the original Manila regional trial court verdict that City Ordinance 7774 violated constitutional guarantees on personal liberty.

The appellate court had ruled that the ordinance was a valid exercise of the local government’s police powers.

In its ruling, the high court said even if the Manila City government’s claims that motels had become dens of “prostitution, adultery and fornication” were true, banning short time admissions would curtail “legitimate sexual behavior among consenting married or consenting single adults, which is constitutionality protected.”

It also said other legitimate activities, such as those of families seeking temporary comfort in case of power outages, travelers needing a place to wash up or rest in transit, or other persons or groups who merely need private space, would be curtailed.

The Supreme Court ruled on a case originally filed by the Malate Tourist and Development Corporation (MTDC), owner and operator of the Victoria Court chain, with the Manila regional trial court soon after the Manila ordinance was enacted in 1992.

The complainant was later joined by other motel operators White Light Corporation, Titanium Corporation and Sta. Mesa Tourist and Development Corporation (STDC).

By Tetch Torres
INQUIRER.net
First Posted 15:54:00 01/29/2009

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One Response

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  1. MCRC G said, on February 2, 2009 at 1:18 am

    They that give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.”
    Benjamin Franklin Historical Review of Pennsylvania http://www.jonathangullible.com/mmedia/PhilosophyOfLiberty-IHS.swf


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