Whether or not RA 1180 violates the equal protection of laws
Read the case below and decide whether or not RA 1180 violates the right to equal protection of laws, or whether or not it is unconstitutional. SUPPORT YOUR ANSWER.
FACTS: The Legislature passed R.A. 1180 (An Act to Regulate the Retail Business). Its purpose was to prevent persons who are not citizens of the Phil. from having a stranglehold upon the people’s economic life.
- a prohibition against aliens and against associations, partnerships, or corporations the capital of which are not wholly owned by Filipinos, from engaging directly or indirectly in the retail trade
- aliens actually engaged in the retail business on May 15, 1954 are allowed to continue their business, unless their licenses are forfeited in accordance with law, until their death or voluntary retirement. In case of juridical persons, ten years after the approval of the Act or until the expiration of term.
Citizens and juridical entities of the United States were exempted from this Act.
- provision for the forfeiture of licenses to engage in the retail business for violation of the laws on nationalization, economic control weights and measures and labor and other laws relating to trade, commerce and industry.
- provision against the establishment or opening by aliens actually engaged in the retail business of additional stores or branches of retail business
Lao Ichong, in his own behalf and behalf of other alien residents, corporations and partnerships affected by the Act, filed an action to declare it unconstitutional for the ff: reasons:
- it denies to alien residents the equal protection of the laws and deprives them of their liberty and property without due process
- the subject of the Act is not expressed in the title
- the Act violates international and treaty obligations
- the provisions of the Act against the transmission by aliens of their retail business thru hereditary succession
ISSUE:
Whether or not RA 1180 violates the equal protection of laws
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