VILLEGAS VS HIU CHIONG

Facts:
The Municipal Board of Manila passed Ordinance 6537 which eventually signed by Manila
Mayor ntonio !" #illegas !r" $uch ordinance prohibits aliens fro% being e%ployed or to engage or
participate in any position or occupation or business enu%erated therein& whether per%anent& te%porary
or casual& without first securing an e%ploy%ent per%it fro% the Mayor of Manila and paying the per%it
fee of '5("(( e)cept persons e%ployed in the diplo%atic or consular %issions of foreign countries& or in
the technical assistance progra%s of both the 'hilippine *overn%ent and any foreign govern%ent& and
those wor+ing in their respective households& and %e%bers of religious orders or congregations& sect or
deno%ination& who are not paid %onetarily or in +ind"
'rivate respondent ,iu -hiong Tsai 'ao ,o who was e%ployed in Manila& filed a petition to stop
the enforce%ent of such ordinance as well as to declare the sa%e null and void"
.ssue:
/0n the ordinance is violative of the due process clause1
,eld:
The ordinance is arbitrary& oppressive and unreasonable& being applied only to aliens who are
thus& deprived of their rights to life& liberty and property and therefore& violates the due process as well as
the e2ual protection clauses of the -onstitution" 3e2uiring a person before he can be e%ployed to get a
per%it fro% the -ity Mayor of Manila who %ay withhold or refuse it at will is tanta%ount to denying hi%
the basic right of the people in the 'hilippines to engage in a %eans of livelihood" /hile it is true that the
'hilippines as a $tate is not obliged to ad%it aliens within its territory& once an alien is ad%itted& he
cannot be deprived of life without due process of law" This guarantee includes the %eans of livelihood"
The shelter of protection under the due process and e2ual protection clause is given to all persons& both
aliens and citi4ens"