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a collections of case digests and laws that can help aspiring law students to become a lawyer


Villavivencio v. Lukban, 39 Phil 778 (1919) I

6/15/2020

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 SSUE:  Whether or not mayor of Manila had the power to deport the women without their knowledge. 

FACTS: 
In 1918, the mayor of Manila had 170 "women of ill repute" forcibly rounded up, put on a ship, and sent to Davao as laborers. A writ of habeas corpus was filed against him. The Supreme Court said that the women were not chattels but Filipino citizens who had the fundamental right not to be forced to change their place of residence. This case justifies one of the basic rights of citizen, the right of domain. Justo Lukban as Manila City's Mayor together with Anton Hohmann, the city's Chief of Police, took custody of about 170 women at the night of October 25 beyond the latters consent and knowledge and thereafter were shipped to Mindanao specifically in Davao where they were signed as laborers. Said women are inmates of the houses of prostitution situated in Gardenia Street, in the district of Sampaloc. 

DECISION: 
No, he did not have such power. 

RATIO DECIDENDI: 
Lukban committed a grave abuse of discretion by deporting the prostitutes to a new domicile against their will. There is no law expressly authorizing his action. On the contrary, there is a law punishing public officials, not expressly authorized by law or regulation, who compels any person to change his residence Furthermore, the prostitutes are still, as citizens of the Philippines, entitled to the same rights, as stipulated in the Bill of Rights, as every other citizen. 
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