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Republic of the Philippines SUPREME COURT Manila
G.R. No. 122846 : January 20, 2009
WHITE LIGHT CORPORATION, TITANIUM CORPORATION and STA. MESA TOURIST & DEVELOPMENT CORPORATION, Petitioners , vs. CITY OF MANILA, represented by MAYOR ALFREDO S. LIM, Respondent .
D E C I S I O N
Tinga, J. :
With another city ordinance of Manila also principally involving the tourist district as subject, the Court is confronted anew with the incessant clash between government power and individual liberty in tandem with the archetypal tension between law and morality. chanroblesvirtuallawlibrary
In City of Manila v. Laguio, Jr., [1] the Court affirmed the nullification of a city ordinance barring the operation of motels and inns, among other establishments, within the Ermita-Malate area. The petition at bar assails a similarly-motivated city ordinance that prohibits those same establishments from offering short-time admission, as well as pro-rated or wash up rates for such abbreviated stays. Our earlier decision tested the city ordinance against our sacred constitutional rights to liberty, due process and equal protection of law. The same parameters apply to the present petition. chanroblesvirtuallawlibrary
chanroblesvirtuallawlibrary
T his Petition [2] under Rule 45 of the Revised Rules on Civil Procedure, which seeks the reversal of the Decision [3] cralaw in C.A.-G.R. S.P. No. 33316 of the Court of Appeals, challenges the validity of Manila City Ordinance No. 7774 entitled, An Ordinance Prohibiting Short-Time Admission, Short-Time Admission Rates, and Wash-Up Rate Schemes in Hotels, Motels, Inns, Lodging Houses, Pension Houses, and Similar Establishments in the City of Manila (the Ordinance). chanroblesvirtuallawlibrary
The facts are as follows: chanroblesvirtuallawlibrary
On December 3, 1992, City Mayor Alfredo S. Lim (Mayor Lim) signed into law the Ordinance. [4] cralaw The Ordinance is reproduced in full, hereunder:
SECTION 1. Declaration of Policy. It is hereby the declared policy of the City Government to protect the best interest, health and welfare, and the morality of its constituents in general and the youth in particular. chanroblesvirtuallawlibrary
SEC. 2. Title. This ordinance shall be known as An Ordinance prohibiting short time admission in hotels, motels, lodging houses, pension houses and similar establishments in the City of Manila. chanroblesvirtuallawlibrary
SEC. 3. Pursuant to the above policy, short-time admission and rate [ sic ], wash-up rate or other similarly concocted terms, are hereby prohibited in hotels, motels, inns, lodging houses, pension houses and similar establishments in the City of Manila. chanroblesvirtuallawlibrary
SEC. 4. Definition of Term[s]. Short-time admission shall mean admittance and charging of room rate for less than twelve (12) hours at any given time or the renting out of rooms more than twice a day or any other term that may be concocted by owners or managers of said establishments but would mean the same or would bear the same meaning. chanroblesvirtuallawlibrary
SEC. 5. Penalty Clause. Any person or corporation who shall violate any provision of this ordinance shall upon conviction thereof be punished by a fine of Five Thousand ( P 5,000.00) Pesos or imprisonment for a period of not exceeding one (1) year or both such fine and imprisonment at the discretion of the court; Provided, That in case of [a] juridical person, the president, the manager, or the persons in charge of the operation thereof shall be liable: Provided, further, That in case of subsequent conviction for the same offense, the business license of the guilty party shall automatically be cancelled. chanroblesvirtuallawlibrary
SEC. 6. Repealing Clause. Any or all provisions of City ordinances not consistent with or contrary to this measure or any portion hereof are hereby deemed repealed. chanroblesvirtuallawlibrary
SEC. 7. Effectivity. This ordinance shall take effect immediately upon approval. chanroblesvirtuallawlibrary
Enacted by the city Council of Manila at its regular session today, November 10, 1992. chanroblesvirtuallawlibrary
Approved by His Honor, the Mayor on December 3, 1992. chanroblesvirtuallawlibrary
On December 15, 1992, the Malate Tourist and Development Corporation (MTDC) filed a complaint for declaratory relief with prayer for a writ of preliminary injunction and/or temporary restraining order (TRO) [5] cralaw with the Regional Trial Court (RTC) of Manila, Branch 9 impleading as defendant, herein respondent City of Manila (the City) represented by Mayor Lim. [6] cralaw MTDC prayed that the Ordinance, insofar as it includes motels and inns as among its prohibited establishments, be declared invalid and unconstitutional. MTDC claimed that as owner and operator of the Victoria Court in Malate, Manila it was authorized by Presidential Decree (P.D.) No. 259 to admit customers on a short time basis as well as to charge customers wash up rates for stays of only three hours. chanroblesvirtuallawlibrary
On December 21, 1992, petitioners White Light Corporation (WLC), Titanium Corporation (TC) and Sta. Mesa Tourist and Development Corporation (STDC) filed a motion to intervene and to admit attached complaint-in-intervention [7] cralaw on the ground that the Ordinance directly affects their business interests as operators of drive-in-hotels and motels in Manila. [8] cralaw The three companies are components of the Anito Group of Companies which owns and operates several hotels and motels in Metro Manila. [9] cralaw chanroblesvirtuallawlibrary
On December 23, 1992, the RTC granted the motion to intervene. [10] cralaw The RTC also notified the Solicitor General of the proceedings pursuant to then Rule 64, Section 4 of the Rules of Court. On the same date, MTDC moved to withdraw as plaintiff. [11] cralaw chanroblesvirtuallawlibrary
On December 28, 1992, the RTC granted MTDC's motion to withdraw. [12] cralaw The RTC issued a TRO on January 14, 1993, directing the City to cease and desist from enforcing the Ordinance. [13] cralaw The City filed an Answer dated January 22, 1993 alleging that the Ordinance is a legitimate exercise of police power. [14] cralaw chanroblesvirtuallawlibrary
On February 8, 1993, the RTC issued a writ of preliminary injunction ordering the city to desist from the enforcement of the Ordinance. [15] cralaw A month later, on March 8, 1993, the Solicitor General filed his Comment arguing that the Ordinance is constitutional. chanroblesvirtuallawlibrary
During the pre-trial conference, the WLC, TC and STDC agreed to submit the case for decision without trial as the case involved a purely legal question. [16] cralaw On October 20, 1993, the RTC rendered a decision declaring the Ordinance null and void. The dispositive portion of the decision reads: chanroblesvirtuallawlibrary
WHEREFORE, in view of all the foregoing, [O]rdinance No. 7774 of the City of Manila is hereby declared null and void. chanroblesvirtuallawlibrary
Accordingly, the preliminary injunction heretofor issued is hereby made permanent. chanroblesvirtuallawlibrary
SO ORDERED. [17] cralaw chanroblesvirtuallawlibrary
The RTC noted that the ordinance strikes at the personal liberty of the individual guaranteed and jealously guarded by the Constitution. [18] cralaw Reference was made to the provisions of the Constitution encouraging private enterprises and the incentive to needed investment, as well as the right to operate economic enterprises. Finally, from the observation that the illicit relationships the Ordinance sought to dissuade could nonetheless be consummated by simply paying for a 12-hour stay, the RTC likened the law to the ordinance annulled in Ynot v. Intermediate Appellate Court, [19] where the legitimate purpose of preventing indiscriminate slaughter of carabaos was sought to be effected through an inter-province ban on the transport of carabaos and carabeef. chanroblesvirtuallawlibrary
The City later filed a petition for review on certiorari with the Supreme Court. [20] cralaw The petition was docketed as G.R. No. 112471. However in a resolution dated January 26, 1994, the Court treated the petition as a petition for certiorari and referred the petition to the Court of Appeals. [21] cralaw chanroblesvirtuallawlibrary
Before the Court of Appeals, the City asserted that the Ordinance is a valid exercise of police power pursuant to Section 458 (4)(iv) of the Local Government Code which confers on cities, among other local government units, the power: chanroblesvirtuallawlibrary
[To] regulate the establishment, operation and maintenance of cafes, restaurants, beerhouses, hotels, motels, inns, pension houses, lodging houses and other similar establishments, including tourist guides and transports. [22] cralaw chanroblesvirtuallawlibrary
The Ordinance, it is argued, is also a valid exercise of the power of the City under Article III, Section 18(kk) of the Revised Manila Charter, thus: chanroblesvirtuallawlibrary
to enact all ordinances it may deem necessary and proper for the sanitation and safety, the furtherance of the prosperity and the promotion of the morality, peace, good order, comfort, convenience and general welfare of the city and its inhabitants, and such others as be necessary to carry into effect and discharge the powers and duties conferred by this Chapter; and to fix penalties for the violation of ordinances which shall not exceed two hundred pesos fine or six months imprisonment, or both such fine and imprisonment for a single offense. [23] cralaw chanroblesvirtuallawlibrary
Petitioners argued that the Ordinance is unconstitutional and void since it violates the right to privacy and the freedom of movement; it is an invalid exercise of police power; and it is an unreasonable and oppressive interference in their business. chanroblesvirtuallawlibrary
The Court of Appeals reversed the decision of the RTC and affirmed the constitutionality of the Ordinance. [24] cralaw First, it held that the Ordinance did not violate the right to privacy or the freedom of movement, as it only penalizes the owners or operators of establishments that admit individuals for short time stays. Second, the virtually limitless reach of police power is only constrained by having a lawful object obtained through a lawful method. The lawful objective of the Ordinance is satisfied since it aims to curb immoral activities. There is a lawful method since the establishments are still allowed to operate. Third, the adverse effect on the establishments is justified by the well-being of its constituents in general. Finally, as held in Ermita-Malate Motel Operators Association v. City Mayor of Manila, liberty is regulated by law. chanroblesvirtuallawlibrary
TC, WLC and STDC come to this Court via petition for review on certiorari . [25] In their petition and Memorandum, petitioners in essence repeat the assertions they made before the Court of Appeals. They contend that the assailed Ordinance is an invalid exercise of police power. chanroblesvirtuallawlibrary
We must address the threshold issue of petitioners standing. Petitioners allege that as owners of establishments offering wash-up rates, their business is being unlawfully interfered with by the Ordinance. However, petitioners also allege that the equal protection rights of their clients are also being interfered with. Thus, the crux of the matter is whether or not these establishments have the requisite standing to plead for protection of their patrons' equal protection rights. chanroblesvirtuallawlibrary
Standing or locus standi is the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case. More importantly, the doctrine of standing is built on the principle of separation of powers, [26] cralaw sparing as it does unnecessary interference or invalidation by the judicial branch of the actions rendered by its co-equal branches of government. chanroblesvirtuallawlibrary
The requirement of standing is a core component of the judicial system derived directly from the Constitution. [27] T he constitutional component of standing doctrine incorporates concepts which concededly are not susceptible of precise definition. [28] cralaw In this jurisdiction, the extancy of a direct and personal interest presents the most obvious cause, as well as the standard test for a petitioner's standing. [29] cralaw In a similar vein, the United States Supreme Court reviewed and elaborated on the meaning of the three constitutional standing requirements of injury, causation, and redressability in Allen v. Wright . [30] cralaw chanroblesvirtuallawlibrary
Nonetheless, the general rules on standing admit of several exceptions such as the overbreadth doctrine, taxpayer suits, third party standing and, especially in the Philippines, the doctrine of transcendental importance. [31] cralaw chanroblesvirtuallawlibrary
For this particular set of facts, the concept of third party standing as an exception and the overbreadth doctrine are appropriate. In Powers v. Ohio, [32] cralaw the United States Supreme Court wrote that: We have recognized the right of litigants to bring actions on behalf of third parties, provided three important criteria are satisfied: the litigant must have suffered an injury-in-fact, thus giving him or her a "sufficiently concrete interest" in the outcome of the issue in dispute; the litigant must have a close relation to the third party; and there must exist some hindrance to the third party's ability to protect his or her own interests. " [33] cralaw Herein, it is clear that the business interests of the petitioners are likewise injured by the Ordinance. They rely on the patronage of their customers for their continued viability which appears to be threatened by the enforcement of the Ordinance. The relative silence in constitutional litigation of such special interest groups in our nation such as the American Civil Liberties Union in the United States may also be construed as a hindrance for customers to bring suit. [34] cralaw chanroblesvirtuallawlibrary
American jurisprudence is replete with examples where parties-in-interest were allowed standing to advocate or invoke the fundamental due process or equal protection claims of other persons or classes of persons injured by state action. In Griswold v. Connecticut, [35] the United States Supreme Court held that physicians had standing to challenge a reproductive health statute that would penalize them as accessories as well as to plead the constitutional protections available to their patients. The Court held that: chanroblesvirtuallawlibrary
The rights of husband and wife, pressed here, are likely to be diluted or adversely affected unless those rights are considered in a suit involving those who have this kind of confidential relation to them." [36] chanroblesvirtuallawlibrary
An even more analogous example may be found in Craig v. Boren, [37] wherein the United States Supreme Court held that a licensed beverage vendor has standing to raise the equal protection claim of a male customer challenging a statutory scheme prohibiting the sale of beer to males under the age of 21 and to females under the age of 18. The United States High Court explained that the vendors had standing "by acting as advocates of the rights of third parties who seek access to their market or function." [38] cralaw
Assuming arguendo that petitioners do not have a relationship with their patrons for the former to assert the rights of the latter, the overbreadth doctrine comes into play. In overbreadth analysis, challengers to government action are in effect permitted to raise the rights of third parties. Generally applied to statutes infringing on the freedom of speech, the overbreadth doctrine applies when a statute needlessly restrains even constitutionally guaranteed rights. [39] cralaw In this case, the petitioners claim that the Ordinance makes a sweeping intrusion into the right to liberty of their clients. We can see that based on the allegations in the petition, the Ordinance suffers from overbreadth.
We thus recognize that the petitioners have a right to assert the constitutional rights of their clients to patronize their establishments for a wash-rate time frame. chanroblesvirtuallawlibrary
To students of jurisprudence, the facts of this case will recall to mind not only the recent City of Manila ruling, but our 1967 decision in Ermita-Malate Hotel and Motel Operations Association, Inc., v. Hon. City Mayor of Manila. [40] Ermita-Malate concerned the City ordinance requiring patrons to fill up a prescribed form stating personal information such as name, gender, nationality, age, address and occupation before they could be admitted to a motel, hotel or lodging house. This earlier ordinance was precisely enacted to minimize certain practices deemed harmful to public morals. A purpose similar to the annulled ordinance in City of Manila which sought a blanket ban on motels, inns and similar establishments in the Ermita-Malate area. However, the constitutionality of the ordinance in Ermita-Malate was sustained by the Court. chanroblesvirtuallawlibrary
The common thread that runs through those decisions and the case at bar goes beyond the singularity of the localities covered under the respective ordinances. All three ordinances were enacted with a view of regulating public morals including particular illicit activity in transient lodging establishments. This could be described as the middle case, wherein there is no wholesale ban on motels and hotels but the services offered by these establishments have been severely restricted. At its core, this is another case about the extent to which the State can intrude into and regulate the lives of its citizens. chanroblesvirtuallawlibrary
The test of a valid ordinance is well established. A long line of decisions including City of Manila has held that for an ordinance to be valid, it must not only be within the corporate powers of the local government unit to enact and pass according to the procedure prescribed by law, it must also conform to the following substantive requirements: (1) must not contravene the Constitution or any statute; (2) must not be unfair or oppressive; (3) must not be partial or discriminatory; (4) must not prohibit but may regulate trade; (5) must be general and consistent with public policy; and (6) must not be unreasonable. [41] cralaw
The Ordinance prohibits two specific and distinct business practices, namely wash rate admissions and renting out a room more than twice a day. The ban is evidently sought to be rooted in the police power as conferred on local government units by the Local Government Code through such implements as the general welfare clause. chanroblesvirtuallawlibrary
Police power, while incapable of an exact definition, has been purposely veiled in general terms to underscore its comprehensiveness to meet all exigencies and provide enough room for an efficient and flexible response as the conditions warrant. [42] cralaw Police power is based upon the concept of necessity of the State and its corresponding right to protect itself and its people. [43] cralaw Police power has been used as justification for numerous and varied actions by the State. These range from the regulation of dance halls, [44] cralaw movie theaters, [45] cralaw gas stations [46] cralaw and cockpits. [47] cralaw The awesome scope of police power is best demonstrated by the fact that in its hundred or so years of presence in our nations legal system, its use has rarely been denied. chanroblesvirtuallawlibrary
The apparent goal of the Ordinance is to minimize if not eliminate the use of the covered establishments for illicit sex, prostitution, drug use and alike. These goals, by themselves, are unimpeachable and certainly fall within the ambit of the police power of the State. Yet the desirability of these ends do not sanctify any and all means for their achievement. Those means must align with the Constitution, and our emerging sophisticated analysis of its guarantees to the people. The Bill of Rights stands as a rebuke to the seductive theory of Macchiavelli, and, sometimes even, the political majorities animated by his cynicism.
Even as we design the precedents that establish the framework for analysis of due process or equal protection questions, the courts are naturally inhibited by a due deference to the co-equal branches of government as they exercise their political functions. But when we are compelled to nullify executive or legislative actions, yet another form of caution emerges. If the Court were animated by the same passing fancies or turbulent emotions that motivate many political decisions, judicial integrity is compromised by any perception that the judiciary is merely the third political branch of government. We derive our respect and good standing in the annals of history by acting as judicious and neutral arbiters of the rule of law, and there is no surer way to that end than through the development of rigorous and sophisticated legal standards through which the courts analyze the most fundamental and far-reaching constitutional questions of the day.
The primary constitutional question that confronts us is one of due process, as guaranteed under Section 1, Article III of the Constitution. Due process evades a precise definition. [48] cralaw The purpose of the guaranty is to prevent arbitrary governmental encroachment against the life, liberty and property of individuals. The due process guaranty serves as a protection against arbitrary regulation or seizure. Even corporations and partnerships are protected by the guaranty insofar as their property is concerned. chanroblesvirtuallawlibrary
The due process guaranty has traditionally been interpreted as imposing two related but distinct restrictions on government, "procedural due process" and "substantive due process." Procedural due process refers to the procedures that the government must follow before it deprives a person of life, liberty, or property. [49] cralaw Procedural due process concerns itself with government action adhering to the established process when it makes an intrusion into the private sphere. Examples range from the form of notice given to the level of formality of a hearing.
If due process were confined solely to its procedural aspects, there would arise absurd situation of arbitrary government action, provided the proper formalities are followed. Substantive due process completes the protection envisioned by the due process clause. It inquires whether the government has sufficient justification for depriving a person of life, liberty, or property. [50] cralaw chanroblesvirtuallawlibrary
The question of substantive due process, moreso than most other fields of law, has reflected dynamism in progressive legal thought tied with the expanded acceptance of fundamental freedoms. Police power, traditionally awesome as it may be, is now confronted with a more rigorous level of analysis before it can be upheld. The vitality though of constitutional due process has not been predicated on the frequency with which it has been utilized to achieve a liberal result for, after all, the libertarian ends should sometimes yield to the prerogatives of the State. Instead, the due process clause has acquired potency because of the sophisticated methodology that has emerged to determine the proper metes and bounds for its application. chanroblesvirtuallawlibrary
The general test of the validity of an ordinance on substantive due process grounds is best tested when assessed with the evolved footnote 4 test laid down by the U.S. Supreme Court in U.S. v. Carolene Products . [51] cralaw Footnote 4 of the Carolene Products case acknowledged that the judiciary would defer to the legislature unless there is a discrimination against a discrete and insular minority or infringement of a fundamental right. [52] cralaw Consequently, two standards of judicial review were established: strict scrutiny for laws dealing with freedom of the mind or restricting the political process, and the rational basis standard of review for economic legislation. chanroblesvirtuallawlibrary
A third standard, denominated as heightened or immediate scrutiny, was later adopted by the U.S. Supreme Court for evaluating classifications based on gender [53] cralaw and legitimacy. [54] cralaw Immediate scrutiny was adopted by the U.S. Supreme Court in Craig, [55] after the Court declined to do so in Reed v. Reed. [56] While the test may have first been articulated in equal protection analysis, it has in the United States since been applied in all substantive due process cases as well. chanroblesvirtuallawlibrary
We ourselves have often applied the rational basis test mainly in analysis of equal protection challenges. [57] cralaw Using the rational basis examination, laws or ordinances are upheld if they rationally further a legitimate governmental interest. [58] cralaw Under intermediate review, governmental interest is extensively examined and the availability of less restrictive measures is considered. [59] cralaw Applying strict scrutiny, the focus is on the presence of compelling, rather than substantial, governmental interest and on the absence of less restrictive means for achieving that interest. chanroblesvirtuallawlibrary
In terms of judicial review of statutes or ordinances, strict scrutiny refers to the standard for determining the quality and the amount of governmental interest brought to justify the regulation of fundamental freedoms. [60] cralaw Strict scrutiny is used today to test the validity of laws dealing with the regulation of speech, gender, or race as well as other fundamental rights as expansion from its earlier applications to equal protection. [61] cralaw The United States Supreme Court has expanded the scope of strict scrutiny to protect fundamental rights such as suffrage, [62] cralaw judicial access [63] cralaw and interstate travel. [64] cralaw chanroblesvirtuallawlibrary
If we were to take the myopic view that an Ordinance should be analyzed strictly as to its effect only on the petitioners at bar, then it would seem that the only restraint imposed by the law which we are capacitated to act upon is the injury to property sustained by the petitioners, an injury that would warrant the application of the most deferential standard the rational basis test. Yet as earlier stated, we recognize the capacity of the petitioners to invoke as well the constitutional rights of their patrons those persons who would be deprived of availing short time access or wash-up rates to the lodging establishments in question. chanroblesvirtuallawlibrary
Viewed cynically, one might say that the infringed rights of these customers were are trivial since they seem shorn of political consequence. Concededly, these are not the sort of cherished rights that, when proscribed, would impel the people to tear up their cedulas . Still, the Bill of Rights does not shelter gravitas alone. Indeed, it is those trivial yet fundamental freedoms which the people reflexively exercise any day without the impairing awareness of their constitutional consequence that accurately reflect the degree of liberty enjoyed by the people. Liberty, as integrally incorporated as a fundamental right in the Constitution, is not a Ten Commandments-style enumeration of what may or what may not be done; but rather an atmosphere of freedom where the people do not feel labored under a Big Brother presence as they interact with each other, their society and nature, in a manner innately understood by them as inherent, without doing harm or injury to others. chanroblesvirtuallawlibrary
The rights at stake herein fall within the same fundamental rights to liberty which we upheld in City of Manila v. Hon. Laguio , Jr . We expounded on that most primordial of rights, thus: chanroblesvirtuallawlibrary
Liberty as guaranteed by the Constitution was defined by Justice Malcolm to include "the right to exist and the right to be free from arbitrary restraint or servitude. The term cannot be dwarfed into mere freedom from physical restraint of the person of the citizen, but is deemed to embrace the right of man to enjoy the facilities with which he has been endowed by his Creator, subject only to such restraint as are necessary for the common welfare."[ [65] cralaw ] In accordance with this case, the rights of the citizen to be free to use his faculties in all lawful ways; to live and work where he will; to earn his livelihood by any lawful calling; and to pursue any avocation are all deemed embraced in the concept of liberty.[ [66] cralaw ] chanroblesvirtuallawlibrary
The U.S. Supreme Court in the case of Roth v. Board of Regents , sought to clarify the meaning of "liberty." It said: chanroblesvirtuallawlibrary
While the Court has not attempted to define with exactness the liberty . . . guaranteed [by the Fifth and Fourteenth Amendments], the term denotes not merely freedom from bodily restraint but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and generally to enjoy those privileges long recognized . . . as essential to the orderly pursuit of happiness by free men. In a Constitution for a free people, there can be no doubt that the meaning of "liberty" must be broad indeed. [67] cralaw [Citations omitted] chanroblesvirtuallawlibrary
It cannot be denied that the primary animus behind the ordinance is the curtailment of sexual behavior. The City asserts before this Court that the subject establishments have gained notoriety as venue of prostitution, adultery and fornications in Manila since they provide the necessary atmosphere for clandestine entry, presence and exit and thus became the ideal haven for prostitutes and thrill-seekers. [68] cralaw Whether or not this depiction of a mise-en-scene of vice is accurate, it cannot be denied that legitimate sexual behavior among willing married or consenting single adults which is constitutionally protected [69] cralaw will be curtailed as well, as it was in the City of Manila case. Our holding therein retains significance for our purposes: chanroblesvirtuallawlibrary
The concept of liberty compels respect for the individual whose claim to privacy and interference demands respect. As the case of Morfe v. Mutuc , borrowing the words of Laski, so very aptly stated: chanroblesvirtuallawlibrary
Man is one among many, obstinately refusing reduction to unity. His separateness, his isolation, are indefeasible; indeed, they are so fundamental that they are the basis on which his civic obligations are built. He cannot abandon the consequences of his isolation, which are, broadly speaking, that his experience is private, and the will built out of that experience personal to himself. If he surrenders his will to others, he surrenders himself. If his will is set by the will of others, he ceases to be a master of himself. I cannot believe that a man no longer a master of himself is in any real sense free. chanroblesvirtuallawlibrary
Indeed, the right to privacy as a constitutional right was recognized in Morfe , the invasion of which should be justified by a compelling state interest. Morfe accorded recognition to the right to privacy independently of its identification with liberty; in itself it is fully deserving of constitutional protection. Governmental powers should stop short of certain intrusions into the personal life of the citizen. [70] cralaw chanroblesvirtuallawlibrary
We cannot discount other legitimate activities which the Ordinance would proscribe or impair. There are very legitimate uses for a wash rate or renting the room out for more than twice a day. Entire families are known to choose pass the time in a motel or hotel whilst the power is momentarily out in their homes. In transit passengers who wish to wash up and rest between trips have a legitimate purpose for abbreviated stays in motels or hotels. Indeed any person or groups of persons in need of comfortable private spaces for a span of a few hours with purposes other than having sex or using illegal drugs can legitimately look to staying in a motel or hotel as a convenient alternative. chanroblesvirtuallawlibrary
That the Ordinance prevents the lawful uses of a wash rate depriving patrons of a product and the petitioners of lucrative business ties in with another constitutional requisite for the legitimacy of the Ordinance as a police power measure. It must appear that the interests of the public generally, as distinguished from those of a particular class, require an interference with private rights and the means must be reasonably necessary for the accomplishment of the purpose and not unduly oppressive of private rights. [71] cralaw It must also be evident that no other alternative for the accomplishment of the purpose less intrusive of private rights can work. More importantly, a reasonable relation must exist between the purposes of the measure and the means employed for its accomplishment, for even under the guise of protecting the public interest, personal rights and those pertaining to private property will not be permitted to be arbitrarily invaded. [72] cralaw chanroblesvirtuallawlibrary
Lacking a concurrence of these requisites, the police measure shall be struck down as an arbitrary intrusion into private rights. As held in Morfe v. Mutuc, the exercise of police power is subject to judicial review when life, liberty or property is affected. [73] cralaw However, this is not in any way meant to take it away from the vastness of State police power whose exercise enjoys the presumption of validity. [74] cralaw chanroblesvirtuallawlibrary
Similar to the Comelec resolution requiring newspapers to donate advertising space to candidates, this Ordinance is a blunt and heavy instrument. [75] cralaw The Ordinance makes no distinction between places frequented by patrons engaged in illicit activities and patrons engaged in legitimate actions. Thus it prevents legitimate use of places where illicit activities are rare or even unheard of. A plain reading of section 3 of the Ordinance shows it makes no classification of places of lodging, thus deems them all susceptible to illicit patronage and subject them without exception to the unjustified prohibition. chanroblesvirtuallawlibrary
The Court has professed its deep sentiment and tenderness of the Ermita-Malate area, its longtime home, [76] cralaw and it is skeptical of those who wish to depict our capital city the Pearl of the Orient as a modern-day Sodom or Gomorrah for the Third World set. Those still steeped in Nick Joaquin-dreams of the grandeur of Old Manila will have to accept that Manila like all evolving big cities, will have its problems. Urban decay is a fact of mega cities such as Manila, and vice is a common problem confronted by the modern metropolis wherever in the world. The solution to such perceived decay is not to prevent legitimate businesses from offering a legitimate product. Rather, cities revive themselves by offering incentives for new businesses to sprout up thus attracting the dynamism of individuals that would bring a new grandeur to Manila. chanroblesvirtuallawlibrary
The behavior which the Ordinance seeks to curtail is in fact already prohibited and could in fact be diminished simply by applying existing laws. Less intrusive measures such as curbing the proliferation of prostitutes and drug dealers through active police work would be more effective in easing the situation. So would the strict enforcement of existing laws and regulations penalizing prostitution and drug use. These measures would have minimal intrusion on the businesses of the petitioners and other legitimate merchants. Further, it is apparent that the Ordinance can easily be circumvented by merely paying the whole day rate without any hindrance to those engaged in illicit activities. Moreover, drug dealers and prostitutes can in fact collect wash rates from their clientele by charging their customers a portion of the rent for motel rooms and even apartments. chanroblesvirtuallawlibrary
We reiterate that individual rights may be adversely affected only to the extent that may fairly be required by the legitimate demands of public interest or public welfare. The State is a leviathan that must be restrained from needlessly intruding into the lives of its citizens. However well-intentioned the Ordinance may be, it is in effect an arbitrary and whimsical intrusion into the rights of the establishments as well as their patrons. The Ordinance needlessly restrains the operation of the businesses of the petitioners as well as restricting the rights of their patrons without sufficient justification. The Ordinance rashly equates wash rates and renting out a room more than twice a day with immorality without accommodating innocuous intentions.
The promotion of public welfare and a sense of morality among citizens deserves the full endorsement of the judiciary provided that such measures do not trample rights this Court is sworn to protect. [77] cralaw The notion that the promotion of public morality is a function of the State is as old as Aristotle. [78] cralaw The advancement of moral relativism as a school of philosophy does not de-legitimize the role of morality in law, even if it may foster wider debate on which particular behavior to penalize. It is conceivable that a society with relatively little shared morality among its citizens could be functional so long as the pursuit of sharply variant moral perspectives yields an adequate accommodation of different interests. [79] cralaw
To be candid about it, the oft-quoted American maxim that you cannot legislate morality is ultimately illegitimate as a matter of law, since as explained by Calabresi, that phrase is more accurately interpreted as meaning that efforts to legislate morality will fail if they are widely at variance with public attitudes about right and wrong. [80] cralaw Our penal laws, for one, are founded on age-old moral traditions, and as long as there are widely accepted distinctions between right and wrong, they will remain so oriented.
Yet the continuing progression of the human story has seen not only the acceptance of the right-wrong distinction, but also the advent of fundamental liberties as the key to the enjoyment of life to the fullest. Our democracy is distinguished from non-free societies not with any more extensive elaboration on our part of what is moral and immoral, but from our recognition that the individual liberty to make the choices in our lives is innate, and protected by the State. Independent and fair-minded judges themselves are under a moral duty to uphold the Constitution as the embodiment of the rule of law, by reason of their expression of consent to do so when they take the oath of office, and because they are entrusted by the people to uphold the law. [81]
Even as the implementation of moral norms remains an indispensable complement to governance, that prerogative is hardly absolute, especially in the face of the norms of due process of liberty. And while the tension may often be left to the courts to relieve, it is possible for the government to avoid the constitutional conflict by employing more judicious, less drastic means to promote morality.
WHEREFORE , the Petition is GRANTED . The Decision of the Court of Appeals is REVERSED , and the Decision of the Regional Trial Court of Manila, Branch 9, is REINSTATED . Ordinance No. 7774 is hereby declared UNCONSTITUTIONAL. No pronouncement as to costs. chanroblesvirtuallawlibrary
SO ORDERED.
DANTE O. TINGA
Associate Justice
WE CONCUR :
REYNATO S. PUNO chanroblesvirtuallawlibrary
Chief Justice
LEONARDO A. QUISUMBING chanroblesvirtuallawlibrary
(On Official Leave) chanroblesvirtuallawlibrary
CONSUELO YNARES-SANTIAGO chanroblesvirtuallawlibrary
ANTONIO T. CARPIO
MA. ALICIA AUSTRIA-MARTINEZ chanroblesvirtuallawlibrary
RENATO C. CORONA chanroblesvirtuallawlibrary
CONCHITA CARPIO MORALES chanroblesvirtuallawlibrary
ADOLFO S. AZCUNA
PRESBITERO J. VELASCO, JR.
MINITA V. CHICO-NAZARIO
ANTONIO EDUARDO B. NACHURA chanroblesvirtuallawlibrary
(On Sick Leave) chanroblesvirtuallawlibrary
TERESITA LEONARDO DE CASTRO chanroblesvirtuallawlibrary
ARTURO D. BRION
DIOSDADO M. PERALTA chanroblesvirtuallawlibrary
C E R T I F I C A T I O N
Pursuant to Article VIII, Section 13 of the Constitution, it is hereby certified that the conclusions in the above Decision were reached in consultation before the case was assigned to the writer of the opinion of the Court.
REYATO S. PUNO chanroblesvirtuallawlibrary
Ch ief Justice
[1] G.R. 118127, 12 April 2005 , 455 SCRA 308. cralaw
[2] See rollo , pp. 4-41.
[3] cralaw Id. at 42-59. Penned by Associate Justice Jaime M. Lantin, concurred in by Associate Justices Ricardo P. Galvez (later, Solicitor-General) and Antonio P. Solano. cralaw
[4] Id. at 46. cralaw
[5] Id. at 62-69. cralaw
[6] Id. at 45-46.
[7] Id. at 70-77. cralaw
[8] Id. at 47.
[9] cralaw Id.
[10] cralaw Id.
[11] cralaw Id. at 48.
[12] cralaw Id. at 81.
[13] cralaw Id. at 82-83.
[14] cralaw Id. at 84-99.
[15] Id. at 104-105. cralaw
[16] Id. at 49. cralaw
[17] Id. at 52.
[18] cralaw Id. at 120.
[19] No. L-74457, 20 March 1987 , 148 SCRA 659. cralaw
[20] Rollo, pp. 129-145. cralaw
[21] Id. at 158. cralaw
[22] Id. at 53. cralaw
[24] Id. at 43-59.
[25] Id. at 4-40. cralaw
[26] Allen v. Wright , 468 U.S. 737 (1984).
[27] Const., Art. VIII , Sec. 5, Sanlakas v. Executive Secretary Reyes, 466 Phil. 482 (2004).
[28] cralaw Gladstone , Realtors v. Village of Bellwood , 441 U.S. 91, 100, 99 S.Ct. 1601, 1608, 60 L.Ed.2d 66 (1979).
[29] See Domingo v. Carague, G.R. No. 161065, 15 April 2005 , 456 SCRA 450. See also Macasiano v. National Housing Authority , G.R. No. 107921, 1 July 1993 , 224 SCRA 236.
[30] 468 U.S. 737 (1984).
[31] Supra note 29.
[32] 499 U.S. 400 (1991).
[33] Id. at p 410-411. cralaw
[34] See Kelsey McCowan Heilman, The Rights of Others: Protection and Advocacy Organizations Associational Standing to Sue , 157 U. Pa. L. Rev. 237, for a general discussion on advocacy groups.
[35] 381 U.S. 479(1965).
[36] Id. at 481. cralaw
[37] 429 U.S. 190 (1976).
[38] cralaw Id. at 194.
[39] Chavez v. Comelec , G.R. No. 162777, 31 August 2004 , 437 SCRA 415; Adiong v. Comelec , G.R. No. 103956, 31 March 1992 , 207 SCRA 712.
[40] cralaw 127 Phil. 306 (1967). cralaw
[41] City of Manila v. Laguio , Jr., supra note 1; Tatel v. Municipality of Virac, G.R. No. 40243, 11 March 1992, 207 SCRA 157, 161; Solicitor General v. Metropolitan Manila Authority , G.R. No. 102782, 11 December 1991, 204 SCRA 837, 845; Magtajas v. Pryce Properties Corp., Inc ., G.R. No. 111097, 20 July 1994, 234 SCRA 255, 268-267. chanroblesvirtuallawlibrary
[42] Ermita-Malate Hotel and Motel Operators Association, Inc. v. City Mayor of Manila , 127 Phil. 306 (1967). cralaw
[43] JMM Promotion and Management Inc. v. Court of Appeals , 329 Phil. 87, 94 (1996) citing Rubi v. Provincial Board of Mindoro , 39 Phil. 660 (1919).
[44] cralaw U.S. v. Rodriguez , 38 Phil. 759.
[45] cralaw People v. Chan, 65 Phil. 611 (1938).
[46] cralaw Javier v. Earnshaw , 64 Phil. 626 (1937). cralaw
[47] Pedro v. Provincial Board of Rizal , 56 Phil. 123 (1931). cralaw
[48] See U.S. v. Ling Su Fan , 10 Phil. 104 (1908); Insular Government v. Ling Su Fan , 15 Phil. 58 (1910).
[49] Lopez v. Director of Lands , 47 Phil. 23, 32 (1924). cralaw
[50] See City of Manila v. Hon. Laguio , Jr ., supra note 1 at 330 citing CHEMERINSKY, ERWIN, CONSTITUTIONAL LAW PRINCIPLES AND POLICIES, 2nd Ed. 523 (2002).
[51] 304 U.S. 144 (1938). cralaw
[52] Id, at 152. cralaw
[53] cralaw Craig v. Boren, 429 U.S. 190 (1976).
[54] Clark v. Jeter , 486 U.S. 456 (1988).
[55] 429 U.S. 190 (1976).
[56] 404 U.S. 71 (1971). cralaw
[57] Central Bank Employees Association v. Bangko Sentral ng Pilipinas, 487 Phil. 531 (2004); Association of Small Landowners in the Philippines v. Secretary of Agrarian Reform , G.R. Nos. 78742, 79310, 79744, and 79777, July 14, 1989, 175 SCRA 343; In Ermita-Malate , supra note 1 at 324, the Court in fact noted: if the liberty involved were freedom of the mind or the person, the standard for the validity of government acts is much more rigorous and exacting, but where the liberty curtailed affects what are at the most rights of property, the permissible scope of regulatory measures is wider."
[58] cralaw Central Bank Employees Association v. Bangko Sentral ng Pilipinas , supra note 57.
[59] cralaw Id.
[60] Mendoza, J ., Concurring Opinion in Estrada v. Sandiganbayan , G.R. No. 148560, 19 November 2001 , 369 SCRA 394.
[61] cralaw Id.
[62] cralaw Bush v. Gore , 531 U.S. 98 (2000).
[63] cralaw Boddie v. Connecticut , 401 U.S. 371 (1971).
[64] cralaw Shapiro v. Thompson , 394 U.S. 618 (1969). It has been opined by Chemerinsky that the use of the equal protection clause was to avoid the use of substantive due process since the latter fell into disfavor in the United States . See Erwin Chemerinsky, Constitutional Law, Principles and Policies (2 nd ed. 2002).
[65] Morfe v. Mutuc , 130 Phil. 415 (1968).
[66] cralaw Id. at 440. cralaw
[67] City of Manila v. Laguio, Jr. , supra note 1 at 336-337. cralaw
[68] Rollo , p. 258.
[69] Motel patrons who are single and unmarried may invoke this right to autonomy to consummate their bonds in intimate sexual conduct within the motel's premises be it stressed that their consensual sexual behavior does not contravene any fundamental state policy as contained in the Constitution. (See Concerned Employee v. Glenda Espiritu Mayor , A.M. No. P-02-1564, 23 November 2004 ) Adults have a right to choose to forge such relationships with others in the confines of their own private lives and still retain their dignity as free persons. The liberty protected by the Constitution allows persons the right to make this choice. Their right to liberty under the due process clause gives them the full right to engage in their conduct without intervention of the government, as long as they do not run afoul of the law. Liberty should be the rule and restraint the exception.
Liberty in the constitutional sense not only means freedom from unlawful government restraint; it must include privacy as well, if it is to be a repository of freedom. The right to be let alone is the beginning of all freedom it is the most comprehensive of rights and the right most valued by civilized men. City of Manila v. Hon. Laguio , Jr . supra note 1 at 337-338. cralaw
[70] City of Manila v. Laguio, Jr., supra note 1 at 338-339 .
[71] Metro Manila Development Authority v. Viron Transportation Co ., G.R. Nos. 170656 and 170657, 15 August 2007, 530 SCRA 341.
[72] U.S. v. Toribio , 15 Phil. 85 (1910).
[73] cralaw 130 Phil. 415 (1968). cralaw
[74] Carlos Superdrug v. DSWD , G.R. No. 166494, June 29, 2007, Alalayan v. National Power Corporation , 24 Phil. 172 (1968); U.S. v. Salaveria , 39 Phil. 102 (1918). cralaw
[75] Philippine Press Institute v. Comelec , 314 Phil. 131 (1995). cralaw
[76] Supra note 1.
[77] City of Manila v. Hon. Laguio , Jr ., supra note 1; De La Cruz, et al. v. Hon. Paras , et al., 208 Phil. 490 (1983) ; Ermita-Malate Hotel and Motel Operations Association, Inc. v. City Mayor of Manila , supra note 42.
[78] cralaw The end of the state is not mere life; it is, rather, a good quality of life. Therefore any state which is truly so called, and is not merely one in name, must devote itself to the end of encouraging goodness. Otherwise, a political association sinks into a mere alliance The law should be a rule of life such as will make the members of a [state] good and just. Otherwise it becomes a mere covenant or (in the phrase of the Sophist Lycophron) a guarantor of mens rights against one another. Politics II.9.6-8.1280 31-1280bii; cited in Hamburger, M ., Morals and Law: The Growth of Aristotles Legal Theory (1951 ed.), p. 178.
[79] Greenwalt , K ., Conflicts of Law and Morality (1989 ed.), at 38.
[80] Steven G. , Render Unto Caesar that which is Caesars, and unto God that which is Gods , 31 Harv. J.L. & Pub. Pol'y 495. He cites the example of the failed Twentieth (?) Amendment to the U.S. Constitution, which prohibited the sale and consumption of liquor, where it was clear that the State cannot justly and successfully regulate consumption of alcohol, when huge portions of the population engage in its consumption.
See also Posner , Richard H ., The Problematics of Moral And Legal Theory , The Belknap Press of Harvard University Press (2002). He writes:
Holmes warned long ago of the pitfalls of misunderstanding law by taking its moral vocabulary too seriously. A big part of legal education consists of showing students how to skirt those pitfalls. The law uses moral terms in part because of its origin, in part to be impressive, in part to speak a language that the laity, to whom the commands of the law are addressed, is more likely to understand and in part, because there is a considerable overlap between law and morality. The overlap, however, is too limited to justify trying to align these two systems of social control (the sort of project that Islamic nations such as Iran , Pakistan , and Afghanistan have been engaged in of late). It is not a scandal when the law to pronounce it out of phase with current moral feeling. If often is, and for good practical reasons (in particular, the law is a flywheel, limiting the effects of wide swings in public opinion). When people make that criticismas many do of the laws, still found on the statute books of many states, punishing homosexual relationswhat they mean is that the law neither is supported by public opinion nor serves any temporal purpose, even that of stability, that it is merely a vestige, an empty symbol.
[81] See Burton , S ., Judging in Good Faith , (1992 ed.), at 218.
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REPUBLIC OF THE PHILIPPINES
Department of tourism.
PST: 8:36:19
Media Release
The Department of Tourism (DOT) endeavors to ensure the tourism resiliency of the country’s prime destination, El Nido, Palawan, through the full implementation of the Sustainable Tourism Development Project (STDP) this year.
CORON, PALAWAN -- The Department of Tourism (DOT) expresses support for Coron’s sustainable tourism development to draw more visitors and hasten tourism recovery.
PUERTO PRINCESA CITY, PALAWAN -- Department of Tourism (DOT) Secretary Bernadette Romulo-Puyat supports the decision of Puerto Princesa City (PPC) executives to reopen its attractions to more domestic tourists with minimum health and safety standards in place.
The Department of Tourism (DOT) starting today, March 1, opens the application for the World Travel and Tourism Council (WTTC) Safe Travels Stamp to all DOT-accredited accommodation establishments (AEs) and tourism destinations that are open to local tourists.
The Department of Tourism (DOT) celebrates the inclusion of Boracay's world-famous White Beach at the 12th spot and El Nido, Palawan's Nacpan Beach at 18th of the TripAdvisor Travelers' Choice 2021 Best of the Best Awards Top 25 Beaches - Asia category.
The Department of Tourism (DOT) is for the safe reopening of tourist destinations as this allows us to restart our economy and help our tourism workers regain their jobs. The Department therefore welcomes the approval of uniform travel protocols for all local government units (LGUs) by the Inter-Agency Task Force on the Management of Emerging Infectious Diseases (IATF-MEID) to facilitate travel movement and promote local tourism.
DUMAGUETE CITY -- The Department of Tourism (DOT) commits to assist yet another provincial destination as the local executives of Negros Oriental heralds reopening its sites to more domestic tourists.
SAN JUAN, SIQUIJOR -- Department of Tourism (DOT) Secretary Bernadette Romulo-Puyat yesterday (24 February) traveled to Siquijor, as part of the ongoing efforts to assist in the safe reopening of tourist destinations in the new normal.
The Department of Tourism (DOT) expressed support for the Department of the Interior and Local Government (DILG)’s ongoing streamlining of travel procedures and requirements imposed by local government units (LGUs).
The Department of Tourism (DOT) commends the local government of El Nido for the tight entry protocols enforced to guarantee the health and safety of guests, workers and host communities in the tourist destination.
The Department of Tourism (DOT), in collaboration with the Provincial Government of Bohol, announced its online travel fair, Balik sa Bohol: Bohol Online Sale, which will run from February 21 to March 14, 2021. The island-wide travel sale will offer discounts of up to 70% off on accommodations, dining, and tour services.
Department of Tourism (DOT) Secretary Bernadette Romulo-Puyat announced today (February 17) the formal reopening of the historic walled city of Intramuros in the new normal.
Relaxed health protocols that are standard across tourism destinations and personalized packages will encourage more Filipinos to travel locally.
The Department of Tourism (DOT), after repeated warnings against tourists who falsify their COVID tests to enter Boracay, has filed charges against the six (6) Manila-based errant tourists who were nabbed in January 2021 for Falsification of Public Documents. Marc Judicpa of the DOT Region VI-Boracay Field and Compliance Monitoring Office (BFCMO) filed the complaint.
The Department of Tourism (DOT) expressed optimism for tourism’s speedy recovery with the decision of the Inter-Agency Task Force on the Management of Emerging Infectious Diseases (IATF-MEID) to reclassify industries for the continued reopening of the economy.
LAGUNA -- The Department of Tourism (DOT) elevates cultural tourism and ecotourism in the new normal as these will heighten domestic travel in the province amidst the pandemic.
The Department of Tourism - National Capital Region (DOT-NCR) is returning with the first installment of its Leadership Excellence Series (LES) featuring a 3600 virtual learning experience. The hybrid training program inspired by the world-renowned TEDTalks will be brought to life from the traditional webinar format through 3D and greenscreen technology and is happening at the Okada Manila on February 11, 2021, from 2:00 P.M.- 4:00 P.M via Zoom and simulcast over DOT-NCR’s social media channels @TourismMNL on Facebook and Twitter, and Tourism MNL on Youtube.
The Department of Tourism (DOT) lauds COVID Task Force Chief, Secretary Carlito Galvez for granting the DOT’s request to include tourism frontline service personnel in the Priority Group of the country’s vaccination program against the coronavirus disease.
The Department of Tourism (DOT) announced today that Baguio hotels can resume receiving domestic tourists even under General Community Quarantine (GCQ). This, after the Inter-Agency Task Force on the Management of Emerging Infectious Diseases (IATF-MEID) passed Resolution No. 98 dated 04 February 2021, which granted the request of Baguio City to resume hotel operations in consideration of the huge number of confirmed bookings for the month of February.
The Department of Tourism (DOT) lauds recent developments to ensure Southeast Asia’s competitiveness as a single tourism destination and to bolster the recovery of tourism in the wake of the coronavirus pandemic.
Department of Tourism (DOT) Secretary Bernadette Romulo-Puyat and Department of Labor and Employment (DOLE) Secretary Silvestre H. Bello III on Tuesday (February 03) signed the DOT-DOLE Joint Memorandum Circular (JMC) No. 2021-001 (Amended Implementing Guidelines on Providing Financial Assistance and Cash-For-Work Program for Displaced Workers in the Tourism Sector) which amends the former JMC to further expand the coverage of beneficiaries to include Local Government-Licensed Tourism Support Service (TSS) enterprises, providers and associations of providers.
In light of the recent case of six (6) tourists entering Boracay with fake RT-PCR test results, three (3) of whom were revealed to be positive for COVID-19, the Department of Tourism (DOT) appeals to travelers to stop forging and faking travel documents, else face fines and proper criminal charges from the local government units (LGU), which may include the penalty of imprisonment.
The Department of Tourism (DOT) reminds travelers that for most areas, especially for Boracay Island, a negative Reverse Transcription Polymerase Chain Reaction (RT-PCR) test result is still a requirement before entry.
SAN PABLO, LAGUNA -- The development of green corridors play an important role in maintaining regional biodiversity, improving environmental quality, offering economic resilience opportunities, protecting heritage and culture, and supporting the jumpstart of the economy to restart tourism activities in the new normal.
SAN PABLO, LAGUNA -- The Department of Tourism (DOT) pledges to continuously promote Laguna as a fun, safe, and sustainable tourist destination with the help of the local government units (LGUs) and the private sector in the province.
The Department of Tourism (DOT) welcomes the new protocols for arriving passengers contained in the Inter-Agency Task Force on the Management of Emerging Infectious Diseases (IATF-MEID) Resolution No. 97 dated 28 January 2021, following the body’s decision to lift the travel ban on passengers coming from countries with reported cases of the new Covid variant.
The DOT Cordillera Administrative Region (DOT-CAR) is currently investigating the reported party at a DOT-accredited accommodation establishment in Baguio City. A Notice to Explain has already been issued to the establishment.
Manila - The Department of Tourism (DOT) officially welcomed on Monday (25 January) Joy Nostalg Hotel & Suites Manila and Grand Hyatt Hotel as the first two recipients of the World Travel and Tourism Council (WTTC) Safe Travels Stamp issued through the DOT.
BACOLOD CITY - After the successful reopening of Boracay Island to local tourists in October 2020, the Department of Tourism (DOT) is now in talks with local government officials and tourism stakeholders of Negros Occidental to explore the reopening of the province to more domestic tourists.
The Department of Tourism (DOT) is saddened by the news of the management decision to temporarily close the operations starting February 1, 2021 of Makati Shangri-la Hotel.
The Department of Tourism (DOT) in partnership with the Slow Food Negros Community, Negros Museum, and Provincial Government of Negros Occidental, on Tuesday (January 19), launched an 82-page cookbook entitled “Negrense Heritage Cooking”.
The Department of Tourism (DOT), in its Resolution dated 14 January 2021, finds the City Garden Grand Hotel (CGGH) in Makati City liable for the offense of gross and evident bad faith in dealing with clients/fraudulent solicitation of business or making any false, deceptive, or misleading claims or statements for the purpose of soliciting business from clients under Section 13.2 (c) of DOT Memorandum Circular No. 2018-03.
The Department of Tourism (DOT) celebrates anew with the world as White Beach, Boracay and El Nido, Palawan place 2nd and 9th, respectively, in Condé Nast’s Traveler's 25 Best Island Beaches in the World: 2020 Readers' Choice Awards list.
The Department of Tourism (DOT) reiterates that there are only fifteen (15) accredited accommodation establishments (AEs) in Metro Manila that operate as staycation hotels as of 05 January 2021
The Department of Tourism (DOT) throws its full support for the implementation of more stringent entry protocols in view of the confirmed new COVID-19 variant.
Department of Tourism (DOT) Secretary Bernadette Romulo-Puyat has cautioned DOT-accredited hotels currently used as quarantine hotels to refrain from accepting guests for staycation purposes.
MANILA, Philippines – In a bid to further expand access to affordable RT-PCR (Real-Time Reverse Transcription Polymerase Chain Reaction) test in time for New Year domestic travels, the Department of Tourism (DOT) through the Tourism Promotions Board (TPB) Philippines, inks a Memorandum of Agreement with the Philippine Children's Medical Center (PCMC) on December 28, 2020.
The Department of Tourism (DOT) has launched the Balikan Ang Pilipinas campaign to encourage Balikbayans to travel to the Philippines this season and visit the country's sites and destinations with their loved ones.
The Department of Tourism (DOT) throws its unequivocal support to the decision of President Rodrigo Duterte to temporarily suspend all flights from the United Kingdom (UK) starting Thursday, December 24, 2020 until December 31, 2020.
Baguio City – Department of Tourism (DOT) Secretary Bernadette Romulo-Puyat announced that about 27,000 qualified displaced tourism workers in the Cordillera Administrative Region (CAR) have been endorsed by the DOT to receive the P5,000.00 cash assistance under the DOT-DOLE Joint Memorandum Circular No. 2020-001.
The Department of Tourism (DOT) has slated two engagement meetings with local tourism stakeholders on the World Travel and Tourism Council (WTTC)'s Safe Travels Stamp and its step-by-step application procedure and requirements next week, December 21.
The Department of Tourism (DOT) sets forth to satisfy holiday cravings for Filipino cuisine through its fourth installment of the KAIN NA! Food and Travel Festival happening from December 17 to 20, 2020.
To usher in the Domestic Tourism Campaign in this holiday season, the Department of Tourism (DOT) and the Tourism Promotions Board (TPB) Philippines, launched “Pasko Na!”, an Audio Video Presentation (AVP) promoting traditional Filipino Christmas practices through Ryan Cayabyab’s original composition that spreads positivity and holiday cheer while aptly reminding of health and safety protocols.
The Department of Tourism (DOT) lauds local government units (LGUs) for their efforts in reopening safe tourist destinations all over the country in answer to the increasing interest in travel and tour activities.
The Department of Tourism (DOT) has collaborated with the Philippine Center for Environmental Protection and Sustainable Development, Inc. (PCEPSDI) in holding a webinar training program for the hospitality sector to reduce single-use plastics while keeping in mind health and safety protocols.
The Department of Tourism (DOT) through its partner, the Makati Medical Center Foundation Inc. (MakatiMed Foundation) received strong support for its pandemic response and security initiatives in local tourism destinations in light of the current coronavirus disease (COVID-19) pandemic.
The Department of Tourism (DOT), through the Tourism Promotions Board (TPB), takes a step further in promoting Manila’s cultural heritage sites, collaborating with The Manila Heritage Trail and Manila Heritage Alliance to bring a free virtual concert titled “Hinahanap-Hanap Kita Manila” bannering the music of iconic band Hotdog to performed by various OPM artists.
Mabini, Batangas -- Department of Tourism (DOT) Secretary Bernadette Romulo-Puyat on Wednesday (Dec. 9), expressed support for the continued development of dive tourism in Anilao, otherwise known as the birthplace of scuba diving in the Philippines.
The Department of Tourism (DOT) has already launched an investigation into the matter, and after due notice and hearing, will mete the proper administrative sanctions to the resort.
The Department of Tourism (DOT) condemns yet another reckless social gathering organized at a tourism establishment, this time at the Blue Coral Beach Resorts Inc. in Barangay Laiya, San Juan, Batangas on Monday, December 7.
The Department of Tourism (DOT), as the co-vice chair of the Boracay Inter-Agency Task Force (BIATF), condemns the tourists from Luzon who counterfeited COVID-19 test results upon entry in the island on Monday (Dec. 7).
The Department of Tourism (DOT) reaches out to tourism workers who were affected by the closure of establishments or those which scaled down operations, to immediately avail of the expanded financial assistance as part of the Bayanihan to Recover as One Act interventions to address the pandemic’s impact on Philippine tourism.
MANILA— The Department of Tourism (DOT) welcomes the decision of the Inter-Agency Task Force on the Management of Emerging Infectious Diseases (IATF-EID) through the ratification of IATF Resolution No. 87 on December 03, 2020, to allow some types of indoor business meetings in areas under General Community Quarantine (GCQ).
BORACAY - Department of Tourism (DOT) Secretary Bernadette Romulo Puyat in today’s Boracay Inter-Agency Task Force (BIATF) Meeting in the island, hammered in the importance of strictly enforcing health and safety protocols to raise visitor confidence. “We cannot stress fully enough the importance of showing our seriousness in carrying out our protocols and guidelines. Our local leadership is key in bringing forward our improved image. Furthermore, it is our wish to make more affordable RT-PCR tests to encourage more visits.”
MANILA (December 1, 2020) -- The Department of Tourism (DOT), in collaboration with Guide to the Philippines and the Asian Institute of Management (AIM)-Dr. Andrew L. Tan Center launched a follow-up survey on Philippine Travelers' sentiments in the new normal.
The Department of Tourism supports Coron, Palawan’s decision to ease its travel restrictions starting December 1, 2020, allowing local tourists from ages 15 to 65 years old to enter the island under a test-before-travel policy.
The Philippines’ dive sites and Intramuros once again bagged accolades at the 27th World Travel Awards. The award-giving body recognized the Philippines as the World's Leading Dive Destination and Intramuros as the World's Leading Tourist Attraction in 2020.
Now that the Philippines has reopened several tourist destinations after many months of closure, it’s time to show the country how to smile again. The DOT’s latest video, following the “Noypi” tribute to medical frontliners, brings us back to familiar, yet slightly different territory: tourism in the new normal.
The Department of Tourism (DOT) welcomes the ratification of the Inter-Agency Task Force on the Emerging Infectious Diseases (IATF-EID) Resolution No. 85 which includes the provision on allowing balikbayans’ entry to the Philippines.
The Department of Tourism (DOT), as co-vice chair of the Boracay Inter-Agency Task Force (BIATF) slams the irresponsible mass gathering at the Casa de Arte, Sitio Cagban, Barangay Manoc-Mano in Boracay recently.
The Department of Tourism (DOT) touts cultural tourism in Baguio as it remains optimistic that initiatives such as the Ibagíw Festival will sustain the treasured traditions and art forms of the city.
ILOCOS SUR – Tourism Secretary Bernadette Romulo-Puyat was among the first guests of Ilocos Sur as the province reopened to visitors, this time including tourists from Metro Manila.
The Department of Tourism (DOT) welcomes and supports the reopening of another premiere destination- Siargao Island.
The Department of Tourism (DOT) is grateful to the Philippine Red Cross (PRC) under the leadership of Senator Richard J. Gordon for the initiative to reduce the Reverse Transcription -Polymerase Chain Reaction (RT-PCR) testing price to PHP 3,300.
The Department of Tourism (DOT) commends the City Government of Baguio, Baguio Arts and Crafts Collective, Inc., UP Baguio, DOT-CAR and the city government for the successful launch of Ibagiw 2020. The third edition of the month-long creative festival kicked off with a grand opening on November 6, 2020 at the Baguio Convention Center and was also livestreamed on Facebook.
More than 7,200 hotels, resorts and other accommodation establishments (AEs) have been authorized by the Department of Tourism (DOT) to operate under different quarantine classifications and cater to different types of travelers, depending on their location and purpose.
MANILA – Banking on tourism as a key economic driver, the Department of Tourism (DOT) and Nissan Philippines have embarked on a road trip geared towards promoting safe and responsible land traveling to boost domestic tourism.
To upgrade tourism education and skills training in the country, the Department of Tourism (DOT) has closed ranks with the Department of Education (DepEd), Commission on Higher Education (CHED), Technical Education and Skills Development Authority (TESDA), and the Tourism Industry Board Foundation, Inc. (TIBFI).
The Department of Tourism (DOT) welcomes President Rodrigo Roa Duterte’s signing of Executive Order (EO) 118, today, November 4, directing the Department of Health (DOH), in coordination with the Department of Trade and Industry (DTI), to ensure the accessibility and affordability of COVID-19 tests and test kits for all.
The 27th World Travel Awards recognized the Philippines as Asia's leading beach destination and Asia’s leading dive destination in 2020. The award-giving body also declared the Philippine Department of Tourism as this year’s leading tourist board in Asia, besting 11 nominated countries.
The Department of Tourism (DOT) invites foodies to embark on "Food Trips" with the second leg of its virtual KAIN NA! Food and Travel Festival 2020 from November 3 to 6, 2020.
Department of Tourism (DOT) Secretary Bernadette Romulo-Puyat and Department of Labor and Employment (DOLE) Secretary Silvestre H. Bello III on Friday (October 30) signed the DOT-DOLE Joint Memorandum Circular (JMC) No. 2020-001, which contains specific guidelines for the provision of cash assistance and cash-for-work program for tourism workers that were displaced due to the ongoing pandemic.
Manila, Philippines - The Department of Tourism (DOT) and the Tourism Promotions Board (TPB) Philippines launched Travel Philippines, the country’s official travel companion, today, 30 October 2020. The app provides users access to the latest travel advisories and safety guidelines in various destinations that have reopened to tourism. The easy-to-use platform allows users to create itineraries for their future trips, find up-to-date information on their favorite tourist attractions, and securely store digital copies of travel documents.
The Department of Tourism (DOT) celebrates the news that two of our prime destinations – Palawan and Boracay, have made it to Big 7 Travel’s list of the 50 Most Beautiful Places in the World (https://bigseventravel.com/2020/10/50-most-beautiful-places-in-the-world/), ranking 8th and 18th, respectively.
MANILA – The well-received online learning event dubbed the “Leadership Excellence Series (LES) 2020” is returning once again this October as it targets to rebuild consumer confidence and redefine standards for the Filipino brand of service.
Department of Tourism (DOT) Secretary Bernadette Romulo-Puyat urged micro, small and medium enterprises (MSMEs) to avail of the CARES for Tourism Rehabilitation and Vitalization of Enterprises and Livelihood (CARES for TRAVEL) Program to help them sustain their businesses and keep their workers amid the on-going pandemic.
Department of Tourism (DOT) Secretary Bernadette Romulo-Puyat appeals for a price cap on the real-time Reverse Transcription-Polymerase Chain Reaction (RT-PCR) and Antigen tests for COVID-19 to enhance tourism revival, as the Inter-Agency Task Force on the Management of Emerging Infectious Diseases (IATF-EID) relaxes travel restrictions in areas under General Community Quarantine (GCQ).
The Department of Tourism (DOT) welcomes the decision of the Municipal Government of El Nido to ease its travel restrictions starting October 30, allowing tourists to enter the island under a test-before-travel policy.
The Board of Trustees of the Philippine Retirement Agency (PRA), an attached agency of the Department of Tourism (DOT), has directed the PRA to suspend the issuance of the Special Retirees Residence Visa (SRRV) pending the review and amendments of the policies on age and visa deposit requirements.
Tourism Secretary Bernadette Romulo-Puyat announced today that the DOT has been given the authority, by the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF-EID), to determine the allowable operational capacity (up to 100%) for hotels, including staycation hotels, in areas classified under a modified community quarantine (MGCQ) and general community quarantine (GCQ).
ILOCOS NORTE – Department of Tourism (DOT) Secretary Bernadette Romulo-Puyat announced that the Ridge and Reef Corridor heralds another milestone in the country’s bid to spur domestic tourism recovery.
The DOT welcomes the news that the province of Ilocos Sur will open to Luzon residents on November 15 once all systems and health and safety measures are in place.
BAGUIO CITY – The Department of Tourism (DOT) welcomes the decision of the local government unit (LGU) of Baguio City to open its doors to guests from Luzon, particularly the National Capital Region (NCR) and Regions 2 and 3, starting on October 22, 2020, noting that the anticipated influx of tourists will generate tourism activities that will spur a swifter recovery of the industry.
The Department of Tourism (DOT) welcomes the amended guidelines from the Inter-Agency Task Force on the Management of Emerging Infectious Diseases (IATF-EIMD) regarding the more liberal interzonal and intrazonal movement of persons traveling between destinations under general community quarantine (GCQ) and modified general community quarantine (MGCQ).
Tourism Secretary Bernadette Romulo-Puyat issued a reminder to “staycation hotels,” to adhere to the guidelines and protocols set by the Department of Tourism (DOT) and ensure a memorable and safe staycation of guests taking a break from months of quarantine.
The Department of Tourism (DOT) calls on divers to dust off their masks, fins, snorkels, regulators, and other gear as popular dive sites in Batangas prepare to welcome tourists.
Bring your own gear and use a defog solution for your mask.
The Department of Tourism (DOT) and the Small Business Corporation (SB Corp) today (October 12) signed a Memorandum of Agreement (MOA) to finalize the CARES for Tourism Rehabilitation and Vitalization of Enterprises and Livelihood ( TRAVEL) program that will extend loan assistance to micro, small, and medium enterprises (MSMEs) from the tourism industry.
The Department of Tourism (DOT) will provide a total of Php 1.6 million funding to Boracay to cover the cost of reverse transcription polymerase chain reaction (RT-PCR) testing for the island’s tourism workers, as it expects more local tourist arrivals in the coming months.
Ilocos Norte, which is famous for a variety of attractions, including panoramic ocean views, a breathtaking wind farm, baroque architecture, and sand dunes adventure, is reopening its doors to more tourists from the rest of Luzon on October 15.
Cebu and Visayas Islands have been named Top Island in Asia, leading three other Philippine islands in the top ten of the Conde Naste Traveler's (CNT) 2020 Readers' Choice Awards.
Department of Tourism (DOT) Secretary Bernadette Romulo-Puyat welcomes the adoption of the Antigen Testing as a way to determine if Baguio City's visitors are COVID-19 free.
The Commission on Audit (COA) Renders an “Unqualified Opinion” over the Department of Tourism's Financial Statements as of December 31, 2019.
BORACAY — The reopening of Boracay, the Philippines’ top destination, to new market sources signals the safe and gradual revival of the country’s tourism industry amid the pandemic, Tourism Secretary Bernadette Romulo-Puyat said Thursday (Oct. 1).
Tourism enterprises can now apply online for accreditation with the Department of Tourism (DOT) with the launch of its Online Accreditation System.
The Department of Tourism (DOT) has issued strict guidelines for “staycations” as part of the government efforts to re-start the economy through tourism.
On behalf of the Philippines Department of Tourism, let me warmly wish everyone a happy and meaningful World Tourism Day. This year’s theme, “Tourism and Rural Development,” is particularly relevant to our country as many of our rural areas depend on tourism but have been adversely affected by the pandemic.
PANGLAO, Bohol – Even in the most unusual ways, the travel business has to continue to keep tourism alive.
Boracay Island will further open its doors to more local tourists on October 1, thus signaling the continued resurgence of domestic tourism nationwide.
BAGUIO CITY –Department of Tourism (DOT) Secretary Bernadette Romulo-Puyat is back in the Summer Capital of the Philippines to officially launch the city’s first online visitor management system today (September 22).
The World Travel and Tourism Council (WTTC) has given the Department of Tourism (DOT) a SafeTravels Stamp in recognition of its adoption of “health and hygiene global standardized protocols” that will ensure safe travel during the COVID-19 pandemic.
Domestic tourism will be the main concentration of the Department of Tourism (DOT) in rebuilding trust and confidence in the travel market for next year.
The Department of Tourism (DOT) disclosed on Thursday (Sept. 17) some details of the loan program for tourism MSMEs that is being finalized with the Small Business Corporation (SB Corp) of the Department of Trade and Industry (DTI).
MANILA - A virtual ceremonial toast with customized wooden chalices marked the official start of the four-day KAIN NA! Food and Travel Festival 2020 on Tuesday (Sept. 15) with chocolate, coffee and tea taking the spotlight.
More than 10,000 jobs in the business process outsourcing (BPO) industry would be made available to displaced tourism workers nationwide this month.
Lifeguards will not be the only ones on patrol when the beaches and resorts reopen for business under the tourism industry’s “new normal.” Safety marshalls will also be on site to ensure physical distancing.
MANILA -- The Philippines, through the Department of Tourism (DOT), successfully hosted the virtual edition of the 3rd International Conference on the Association of Southeast Asian Nations Mutual Recognition Arrangement on Tourism Professionals (ASEAN MRA-TP) that is expected to largely influence the Department’s Tourism Response and Recovery Plan (TRRP), particularly its human resource component.
The Department of Tourism's food and travel festival, Kain Na!, is back and is prepared to serve exciting culinary tourism delights that everyone can enjoy online and in the comfort of their homes from September 15-18.
It’s official—the Philippine International Dive Expo (PHIDEX) is back for its 2nd edition through a digital platform from October 9 to 11, 2020.
The Department of Tourism (DOT), consistent with the President’s direction, has been engaging with the local governments, other national government agencies and local tourism stakeholders for the gradual reopening of the sector while underscoring the strict compliance of health and safety protocols.
TOKYO – The Philippines received the award as the Best Overseas Diving Area in the Marine Diving Awards 2020 held recently in Tokyo.
The Department of Tourism (DOT) celebrates the mention of multiple Philippine dive sites in the Lonely Planet's article entitled *quot;6 national parks around the world with surprisingly spectacular diving".
BAGUIO CITY – The Department of Tourism (DOT) threw its full support behind the Ridge to Reef Corridor Plan, one of the key strategies being explored to ensure Baguio City's gradual and safe reopening to tourists from nearby provinces within the year.
The Department of Tourism (DOT) expresses its deep gratitude to the Bicameral Conference Committee for approving the allocation of 10 billion pesos for the tourism industry under the Bayanihan To Recover As One or the Bayanihan 2 Bill. The recognition of the tourism sector by the Senate and House of Representatives, in the Bayanihan Act 2 measures, ensures the survival of our MSMEs since 99.9 percent of the 144,640 establishments in accommodation and food service activities are considered micro, small and medium, according to 2018 data from the Philippine Statistics Authority (PSA).
Online shoppers can now enjoy varied Philippine flavors, quality–sealed fresh and processed food selections, and other essentials all under one platform which provides a seamless shopping experience for the customer.
Panglao, BOHOL – Tourism Secretary Bernadette Romulo–Puyat assured the officials and tourism players of Bohol on Friday that reopening the island province to tourism would not be pursued at the expense of public health and safety.
The Department of Tourism (DOT) is pulling out all the stops to ensure that health and safety measures are in place in the country's tourist destinations and to reassure all stakeholders of government support as the industry prepares to slowly reopen.
It's a new world out there and we have to think out of the box if we want to go back to business as usual.
The Department of Tourism (DOT) expresses optimism for the recovery of the tourism industry, following the Senate approval of the Senate Bill 1564 or the Bayanihan To Recover As One Act on its third and final reading Tuesday (July 28)..
Boracay Island is now open to young and senior tourists from the Western Visayas region.
Meetings, conventions and exhibitions can be held only in areas under the modified general community quarantine (MGCQ) and only at 50 percent capacity, according to the guidelines set by the Department of Tourism (DOT).
The Department of Tourism (DOT) will team up with the Food and Agriculture Organization (FAO) to promote farm tourism and help the country's tourism industry recover from the COVID–19 pandemic.
Tourism Secretary Bernadette Romulo–Puyat has given the directive for schools to continue online English as a Second Language (ESL) programs to maintain the country's position as a leading ESL destination.
The Department of Tourism (DOT) today celebrates the hailing of Palawan as it reclaims the Best Island in the World title by renowned travel publication, Travel + Leisure.
Tourism Secretary Bernadette Romulo–Puyat said that more restaurants in Metro Manila are seeking accreditation with the Department of Tourism (DOT).
Dairy, fresh fruits, vegetables and other daily essentials will soon be delivered to your doorsteps by GrabExpress from 40 small farmers and MSMEs participating under the Department of Tourism's (DOT) Philippine Harvest online trade fair.
EL NIDO, PALAWAN -- Eyeing tourism recovery in the reopening of more destinations, Tourism Secretary Bernadette Romulo-Puyat today checked the readiness of one of the Philippines' favorite destinations – Palawan.
Tourism Secretary Bernadette Romulo-Puyat and Trade and Industry Secretary Ramon M. Lopez led the inspection of selected hotels and restaurants in the Ortigas Center on Wednesday (July 1) to check compliance with health and safety protocols under Metro Manila's General Community Quarantine (GCQ) guidelines.
The Department of Tourism (DOT) said that it anticipates the reopening of the tourism industry in concurrence with the local government units (LGU), with the easing of travel restrictions, as more places around the country transition to a modified general community quarantine (MGCQ).
Domestic travel will lead the recovery of the country's tourism industry with Filipino travelers expecting to go to destinations closer to home and spending less amid lingering health concerns caused by the COVID-19 pandemic.
Tourism Secretary Bernadette Romulo-Puyat hailed on Friday the reactivation of the Tourist Police units, saying it would hasten the tourism industry’s recovery from the COVID-19 pandemic.
The tourism industry will recover well from three months of quarantine and restore the jobs lost by millions of Filipinos dependent on the industry.
The Department of Tourism (DOT) celebrates the inclusion of Hidden Beach in El Nido, Palawan in Condé Nast Traveller's (CNT) "The 30 Best Beaches in the World" feature. The list was made in light of the pandemic, stating that "…while the world waits to find out when we can travel again, now is the time to think about a future summer holiday visiting one of the world's best beaches."
The tourism industry increased its contribution to the country's economy to almost 13 percent of the gross domestic product (GDP) last year, according to government statistics.
In line with the Department of Tourism's (DOT) priority effort to roll out its new health and safety standards as well as the Inter-Agency Task Force on the management of Emerging Infectious Disease (IATF-EID) restrictions among tourism stakeholders nationwide, the Local Government Unit (LGU) of San Juan, La Union recently conducted spot inspections among tourism stakeholders in its popular beach and surfing area and clamped down on enterprises that have violated national and local government issuances during the period of quarantine.
The Boracay Interagency Task Force (BIATF) decries the entry of a group of travelers to Boracay last June 12 that stayed up to June 14 when the island was not officially open for tourism.
The Department of Tourism (DOT) welcomes the Inter-Agency Task Force on Emerging Infectious Diseases' (IATF-EID) approval of the Department of Trade and Industry's (DTI) recommendation to allow the partial dine-in operations of restaurants in localities under General Community Quarantine (GCQ).
"The partnership of the public and private sector to ensure the safety and sustainability of tourism should be a model for other island destinations in the country," Tourism Secretary Bernadette Romulo-Puyat said during the Boracay Inter-Agency Task Force BIATF meeting in Boracay on June 11, 2020.
While travel restrictions are still in place, for both domestic and foreign travel, the Philippine Department of Tourism (DOT) has been maintaining its presence online with its most recent digital campaign, “Wake Up in the Philippines” and its microsite philippines.travel/safeph for relevant updates on tourism-related sectors in the Philippines.
The Department of Tourism (DOT) has issued the New Normal Health and Safety Guidelines for Tourist Land Transport Services covering transport operators/owners, passengers, vehicles, and drivers.
The Inter–Agency Task Force for the Management of Emerging Infectious Diseases (IATF–EID) further stressed the importance of the Department of Tourism (DOT) Certificate of Authority to operate for accommodation establishments (AEs) going back to business during the Enhanced Community Quarantine (ECQ), Modified Enhanced Community Quarantine (MECQ), and General Community Quarantine (GCQ) periods.
The Department of Tourism (DOT) has released Memorandum Circular No 2020-004 or the "New Normal Health and Safety Guidelines for DOT–Accredited Restaurants" that will cover the areas of Management; Configuration and Set–up; Employees; Customers; Service and other Procedure; Delivery; and Sanitation, Disinfection, Safety Measure, and others.
The Department of Tourism welcomes the latest tourism–related distinction received by the country, having been recently named as one of the "Rising Stars in Travel" by Forbes.com, the website of the respected American business and financial news publication.
The joint recommendations of the Department of Tourism (DOT) and Department of Trade and Industry (DTI) on health and safety protocols for restaurant dine–in operations were approved by the Inter–Agency Task Force on Emerging Infectious Diseases (IATF–EID).
With the hampered travel movement brought about by the COVID–19 pandemic situation, work and play are inevitably done online. The evolving crisis and in anticipation of other challenges, the Department of Tourism (DOT) and its attached agencies are making sure that Philippine tourism remains competitive, adapts well and takes advantage of the digital revolution.
Department of Tourism (DOT) Secretary Bernadette Romulo–Puyat reminds tourism stakeholders, particularly hotel and resort entrepreneurs to secure a DOT Certificate of Authority to Operate before going back to business under the Modified General Community Quarantine (MGCQ).
The Philippine Department of Tourism (DOT) maintained its commitment to the Filipino Brand of Service and Hospitality, as exhibited by the agency's successful initiatives to assist a total of 36,947 stranded foreign and domestic tourists, since land, air, and sea travel restrictions were placed by the government as a precautionary measure to stop the spread of the disease.
We must make the transition to digital and online for our industry to survive.
The DOT welcomes the gradual re-opening of tourism operations in light of the varied community quarantine levels across the country, hoping to pave the eventual recovery of the Philippines' tourism industry.
The Department of Tourism (DOT) remains optimistic that the Philippines will regain the tourists' trust in the country as a safe and viable tourism destination sooner, and hasten recovery of the country's tourism industry.
The Department of Tourism (DOT) welcomes the encouraging developments towards reopening of tourist destinations and ensured that the tourism sector is ready to provide service under the post-lockdown "New Normal" scenario.
At least 84 domestic tourists stranded in Eastern Visayas since last March finally returned home with the assistance of the Department of Tourism (DOT) in joint efforts with other agencies and local government units (LGUs).
The Department of Tourism (DOT) has released the Health and Safety Guidelines Governing the Operations of Accommodation Establishments under the New Normal, indicating quite a number of significant changes in the country's frontline tourist services.
Tourism Secretary Bernadette Romulo-Puyat expressed confidence that an imaginative Filipino gastronomy will remain a strong pillar of the country’s tourism industry under the new normal.
How will the Coronavirus Disease 2019 (COVID-19) pandemic crisis impact and reshape tourism, sustainability and conservation programs at the country' heritage sites under the new normal?
The Department of Tourism (DOT) commits to sustain the Filipino brand of hospitality and service to stranded tourists amid the government-enforced community quarantine brought about by the Covid-19 pandemic.
With Metro Manila now placed under modified enhanced community quarantine and the majority of the other places in the country under general community quarantine or GCQ, the DOT, together with the Inter–Agency Taskforce on Emerging Infectious Diseases (IATF–EID) and several local government units (LGU), are preparing for the revival and re–opening of tourism in the Philippines once our places are classified under the modified GCQ (MGCQ).
The tourism industry will recover.
The Department of Tourism (DOT) in an advisory directed hotel operators and their ancillary establishments to submit detailed documentation on their safety protocols for their food preparation services.
Department of Tourism (DOT) Secretary Bernadette Romulo–Puyat said the tourism industry is ready to face the reality and daunting challenges of the "new normal," referring to new standards and protocols for safe and responsible tourism that will direct its path to recovery.
A total of 155,672 employees from 4,290 tourism–related enterprises received their cash grants under the joint program of the Department of Finance (DOF), Social Security System (SSS), and Bureau of Internal Revenue, called the Small Business Wage Subsidy (SBSW) program as of May 4.
MANILA – Over 1,000 domestic tourists who were stranded in various tourist destinations in the country have returned home, mostly in Metro Manila, with the assistance of the Department of Tourism (DOT).
MANILA, Philippines – Department of Tourism (DOT) Secretary Bernadette Romulo-Puyat reaffirmed the country's commitment to the regional tourism cooperation of the Association of Southeast Asian Nations (ASEAN) on the road to recovery from the COVID-19 pandemic.
DOT statement on the manila tourism circuit plan — Wednesday, July 10, 2019
The Department of Tourism (DOT) lauds the initiative of the City of Manila under the leadership of Mayor Isko Moreno to boost tourism in the Philippines' capital city. "A strong and active partnership with the local government units (LGUs) can only help advance the government's sustainable tourism development that aims to preserve and protect not only the country's many natural tourist attractions but also its rich cultural heritage and historical sites," says Tourism Secretary Bernadette Romulo-Puyat. In support of Mayor Moreno's efforts, Puyat has directed the following offices to work closely with Manila City Hall: DOT National Capital Region (NCR), attached agencies Intramuros Administration (IA), Tourism Infrastructure and Enterprise Zones Authority (TIEZA), and the National Parks Development Committee (NPDC). "Manila is the crucible of Philippine history and culture and the primary gateway to the country's 7,641 island destinations. And we at the DOT share the vision and enthusiasm of Mayor Moreno in providing our international visitors a great first impression of the Philippines as soon as they set foot in Manila," added Puyat. Last month, the DOT NCR and the Intramuros Administration, in partnership with the Manila Hotel, recently launched the "Visita Intramuros" to showcase Manila's historical gems through special promos on tour packages, including visits to Manila Hotel, Fort Santiago, and Intramuros. "There is much to experience in the country's capital city. Aside from Intramuros, we have Rizal Park, Paco Park, Quiapo Church, Sta. Cruz, Binondo, Manila's Chinatown, and University of Sto. Tomas, as well as the traditional and religious festivities. According to the DOT's Statistics, Economic Analysis and Information Management Division (SEAIMD), a total of 4,839,593 international tourists arrived via Manila air and sea ports in 2018 (air, 4,691,003; sea, 148,590). Photos:
Visita Intramuros, a recently launched tour of the famous walled city, aims to reintroduce the complex and sites around it as part of Manila's tourism belt
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Monday, february 15, 2021, city of manila vs judge laguio g.r. no. 118127 (case digest).
City of Manila vs Judge Laguio
G.R. No. 118127
Private respondent Malate Tourist Development Corporation (MTDC) is a corporation engaged in the business of operating hotels, motels, hostels and lodging houses. MTDC filed a Petition for Declaratory Relief with Prayer for a Writ of Preliminary Injunction and/or Temporary Restraining Order with the lower court impleading as defendants, herein petitioners City of Manila, Hon. Alfredo S. Lim (Lim), Hon. Joselito L. Atienza, and the members of the City Council of Manila (City Council). MTDC prayed that the Ordinance, insofar as it includes motels and inns as among its prohibited establishments, be declared invalid and unconstitutional.
The ordinance enacted by the City Council prohibits the establishment or operation of businesses which provides certain forms of amusement, entertainment, services and facilities in the Ermita-Malate Area. MTDC further advanced that the Ordinance was invalid and unconstitutional for the following reasons:
§ The Ordinance does not constitute a proper exercise of police power as the compulsory closure of the motel business has no reasonable relation to the legitimate municipal interests sought to be protected;
§ The Ordinance constitutes an ex post facto law by punishing the operation of Victoria Court which was a legitimate business prior to its enactment;
§ The Ordinance violates MTDC's constitutional rights in that: (a) it is confiscatory and constitutes an invasion of plaintiff's property rights; (b) the City Council has no power to find as a fact that a particular thing is a nuisance per se nor does it have the power to extrajudicially destroy it; and
§ The Ordinance constitutes a denial of equal protection under the law as no reasonable basis exists for prohibiting the operation of motels and inns, but not pension houses, hotels, lodging houses or other similar establishments, and for prohibiting said business in the Ermita-Malate area but not outside of this area.
Petitioners City of Manila and Lim maintained that the City Council had the power to "prohibit certain forms of entertainment in order to protect the social and moral welfare of the community" as provided for in Section 458 (a) 4 (vii) of the Local Government Code.
Respondent Judge Perfecto A.S. Laguio rendered decision that the assailed ordinance is null and void.
Whether or not the said ordinance constitute a denial of equal protection of the law.
Yes.
The tests of a valid ordinance are well established. A long line of decisions has held that for an ordinance to be valid, it must not only be within the corporate powers of the local government unit to enact and must be passed according to the procedure prescribed by law, it must also conform to the following substantive requirements:
(1) must not contravene the Constitution or any statute;
(2) must not be unfair or oppressive;
(3) must not be partial or discriminatory;
(4) must not prohibit but may regulate trade;
(5) must be general and consistent with public policy; and
(6) must not be unreasonable.
Procedural due process , as the phrase implies, refers to the procedures that the government must follow before it deprives a person of life, liberty, or property. Classic procedural due process issues are concerned with what kind of notice and what form of hearing the government must provide when it takes a particular action.
Substantive due process , as that phrase connotes, asks whether the government has an adequate reason for taking away a person's life, liberty, or property. In other words, substantive due process looks to whether there is a sufficient justification for the government's action.
The police power granted to local government units must always be exercised with utmost observance of the rights of the people to due process and equal protection of the law. Such power cannot be exercised whimsically, arbitrarily or despotically as its exercise is subject to a qualification, limitation or restriction demanded by the respect and regard due to the prescription of the fundamental law, particularly those forming part of the Bill of Rights. Individual rights, it bears emphasis, may be adversely affected only to the extent that may fairly be required by the legitimate demands of public interest or public welfare. Due process requires the intrinsic validity of the law in interfering with the rights of the person to his life, liberty and property.
Liberty as guaranteed by the Constitution was defined by Justice Malcolm to include "the right to exist and the right to be free from arbitrary restraint or servitude. The term cannot be dwarfed into mere freedom from physical restraint of the person of the citizen, but is deemed to embrace the right of man to enjoy the facilities with which he has been endowed by his Creator, subject only to such restraint as are necessary for the common welfare." In accordance with this case, the rights of the citizen to be free to use his faculties in all lawful ways; to live and work where he will; to earn his livelihood by any lawful calling; and to pursue any avocation are all deemed embraced in the concept of liberty.
Liberty in the constitutional sense not only means freedom from unlawful government restraint; it must include privacy as well, if it is to be a repository of freedom. The right to be let alone is the beginning of all freedom; it is the most comprehensive of rights and the right most valued by civilized men.
What is crucial in judicial consideration of regulatory takings is that government regulation is a taking if it leaves no reasonable economically viable use of property in a manner that interferes with reasonable expectations for use.
Equal protection requires that all persons or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed. Similar subjects, in other words, should not be treated differently, so as to give undue favor to some and unjustly discriminate against others. The guarantee means that no person or class of persons shall be denied the same protection of laws which is enjoyed by other persons or other classes in like circumstances. The "equal protection of the laws is a pledge of the protection of equal laws." It limits governmental discrimination. The equal protection clause extends to artificial persons but only insofar as their property is concerned.
Legislative bodies are allowed to classify the subjects of legislation. If the classification is reasonable, the law may operate only on some and not all of the people without violating the equal protection clause. The classification must, as an indispensable requisite, not be arbitrary. To be valid, it must conform to the following requirements:
1) It must be based on substantial distinctions.
2) It must be germane to the purposes of the law.
3) It must not be limited to existing conditions only.
4) It must apply equally to all members of the class.
In the Court's view, there are no substantial distinctions between motels, inns, pension houses, hotels, lodging houses or other similar establishments. By definition, all are commercial establishments providing lodging and usually meals and other services for the public. No reason exists for prohibiting motels and inns but not pension houses, hotels, lodging houses or other similar establishments. The classification in the instant case is invalid as similar subjects are not similarly treated, both as to rights conferred and obligations imposed. It is arbitrary as it does not rest on substantial distinctions bearing a just and fair relation to the purpose of the Ordinance.
The Court likewise cannot see the logic for prohibiting the business and operation of motels in the Ermita-Malate area but not outside of this area. A noxious establishment does not become any less noxious if located outside the area.
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G.R. No. 122846. January 20, 2009 (Case Brief / Digest)
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Facts: On December 3, 1992, then Mayor Alfredo S. Lim of Manila signed into law City Ordinance No. 7774, which prohibited short-time admission in hotels, motels, and similar establishments in the city of Manila. The ordinance aimed to protect public morals by preventing establishments from offering short-time room rates and wash-up rates, which were believed to facilitate activities like prostitution and drug use.
Petitioners White Light Corporation (WLC), Titanium Corporation (TC), and Sta. Mesa Tourist and Development Corporation (STDC), operating drive-in-hotels and motels under the Anito Group of Companies, filed a complaint for declaratory relief with the Regional Trial Court (RTC) of Manila. They claimed their businesses were being unlawfully interfered with by the ordinance.
MTDC initially filed a separate complaint but later withdrew. The RTC issued a Temporary Restraining Order (TRO) against the enforcement of the ordinance. On January 22, 1993, the City answered, stating that the ordinance was a valid exercise of police power. The RTC later issued a writ of preliminary injunction, halting the ordinance’s enforcement.
Subsequently, the RTC declared the ordinance null and void, finding it an arbitrary intrusion into the private rights of individuals and businesses, not justified by sufficient public interest. The City appealed to the Supreme Court, but the case was referred to the Court of Appeals, which reversed the RTC’s decision, upholding the constitutionality of the ordinance. The petitioners then brought the case to the Supreme Court.
Issues: 1. Whether the petitioners have the legal standing to challenge the ordinance. 2. Whether the ordinance violates the right to privacy and freedom of movement. 3. Whether the ordinance is a valid exercise of police power. 4. Whether the ordinance is unconstitutional and void for being an unreasonable and oppressive interference in the business of the petitioners.
Court’s Decision: The Supreme Court granted the petition, reversed the Court of Appeals’ decision, and reinstated the RTC’s decision, declaring Ordinance No. 7774 unconstitutional.
1. Legal Standing: The Court recognized the right of the petitioners to assert their business interests and also the constitutional rights of their patrons. The overbreadth doctrine was applied, allowing the petitioners to challenge the ordinance on behalf of their patrons whose personal liberties were at stake.
2. Right to Privacy and Freedom of Movement: The Court found that the ordinance did impinge upon the privacy and freedom of movement of the petitioners’ clients and that legitimate sexual behavior among consenting adults would be curtailed.
3. Exercise of Police Power: The Court acknowledged that while the ordinance sought to curb vices, it was an unreasonable intrusion into personal rights. It did not prove that there was no other less intrusive means to achieve the goal and that it was necessary for public welfare.
4. Unreasonable and Oppressive Interference: The Court opined that legitimate purposes related to public morals might be achieved through less intrusive measures, thus the ordinance was an arbitrary and whimsical intrusion into private rights.
Doctrine: The police power of the State must be exercised in consonance with the prescriptions of the Constitution and the rights it enshrines. Measures adopted under police power must have a lawful objective obtained through a lawful method, which is not unduly oppressive upon individual rights.
Class Notes: – Legal standing: Parties need to demonstrate a sufficient interest in the outcome to support their participation, but may invoke rights of others under the overbreadth doctrine. – Substantive and Procedural Due Process: Substantive due process inquires into the government’s justification for its laws, while procedural due process concerns itself with the process the government follows. – Police Power: It is the inherent power of the State to regulate behavior for the common welfare, but its use is restrained by the constitutional guarantee of due process. – Overbreadth Doctrine: Allows parties to challenge statutes that infringe upon the speech or liberties of third parties, especially when those actions are widely and harmful to public attitudes about right and wrong.
Historical Background: This case is set against the backdrop of the City of Manila’s attempts to regulate morality within its jurisdiction by imposing restrictions on establishments perceived to facilitate vice. The case illustrates the ongoing tension between government’s regulatory authority and individual rights in democratic societies, emphasizing the judicial function as a check against excessive government intrusion into private lives.
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Malate Tourist Development Corporation
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Malate Tourist Development Corporation is located in Manila (Capital of the Philippines), Philippines. It's address is 1, M. Adriatico Street, Malate, Manila, 1000 Metro Manila, Philippines .
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Malate Tourist Development Corporation is located at: 1, M. Adriatico Street, Malate, Manila, 1000 Metro Manila, Philippines.
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You can try to calling this number: +63 2 8521 1084
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Coordinates: 14.571715, 120.985049
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Title: White Light Corporation, Titanium Corporation, and Sta. Mesa Tourist & Development Corporation vs. City of Manila, Represented by Mayor Alfredo S. Lim; [G.R. No. 122846, January 20, 2009] Facts: On December 3, 1992, then Mayor Alfredo S. Lim of Manila signed into law City Ordinance No. 7774, which prohibited short-time admission in ...
MESA TOURIST & DEVELOPMENT CORPORATION, Petitioners, vs. CITY OF MANILA, represented by DE CASTRO, MAYOR ALFREDO S. LIM, Respondent. D E C I S I O N. ... 71 Metro Manila Development Authority v. Viron Transportation Co., G.R. Nos. 170656 and 170657, 15 August 2007, 530 SCRA 341.
MESA TOURIST AND DEVELOPMENT CORPORATION petitioner v. CITY OF MANILA, represented by DE CASTRO, MAYOR ALFREDO S. LIM, respondents. January 20, 2009. TINGA, J.: FACTS: The City Mayor, Alfredo Lim signed into law Ordinance No. 7774 which is entitled, "An Ordinance Prohibiting Short-Time Admission, Short-Time Admission Rates, and Wash-Up Rate ...
**Title: City of Manila, et al. vs. Hon. Perfecto A.S. Laguio, Jr., and Malate Tourist Development Corporation** **Facts:** Malate Tourist Development Corporation (MTDC), the private respondent, operates Victoria Court in the Ermita-Malate area, licensed as a motel but accredited as a hotel by the Department of Tourism. On June 28, 1993, MTDC filed a Petition […]
White Light vs City of Manila. G.R. No. 122846. Facts: Mayor Lim signed into law the city ordinance which prohibits the short time admission in hotels, motels, lodging houses, pension houses and similar establishments in the City of Manila. Herein petitioners filed a complaint for declaratory relief with prayer for a writ of preliminary ...
Department of Tourism, Culture and Arts of Manila. 192,619 likes · 5,388 talking about this · 386 were here. Welcome to the official Facebook page of the...
Private respondent Malate Tourist Development Corporation (MTDC) is a corporation engaged in the business of operating hotels, motels, hostels and lodging houses.5 It built and opened Victoria Court in Malate which was licensed as a motel although duly accredited with the Department of Tourism as a hotel.6 On 28 June 1993, MTDC filed a Petition ...
G.R. No. 122846. WHITE LIGHT CORPORATION, TITANIUM CORPORATION and STA. MESA TOURIST & DEVELOPMENT CORPORATION, Petitioners, vs. CITY OF MANILA, represented by MAYOR ALFREDO S. LIM, Respondent. With another city ordinance of Manila also principally involving the tourist district as subject, the Court is confronted anew with the incessant clash ...
DOT urges tourism businesses to avail of SB Corp's COVID-19 Loan Program. ... DOT statement on the manila tourism circuit plan ... can only help advance the government's sustainable tourism development that aims to preserve and protect not only the country's many natural tourist attractions but also its rich cultural heritage and historical ...
City of Manila vs Judge Laguio. G.R. No. 118127. Facts: Private respondent Malate Tourist Development Corporation (MTDC) is a corporation engaged in the business of operating hotels, motels, hostels and lodging houses. MTDC filed a Petition for Declaratory Relief with Prayer for a Writ of Preliminary Injunction and/or Temporary Restraining ...
G.R. No. 122846 January 20, 2009 WHITE LIGHT CORPORATION, TITANIUM CORPORATION and STA. MESA TOURIST & DEVELOPMENT CORPORATION, Petitioners, vs. CITY OF MANILA, represented by DE CASTRO, MAYOR ALFREDO S. LIM, Respondent. On 3 Dec 1992, then Mayor Lim signed into law Ord 7774 entitled "An Ordinance" prohibiting short time admission in hotels ...
GR 122846 White Light vs City of Manila - Free download as Word Doc (.doc / .docx), PDF File (.pdf), Text File (.txt) or read online for free. 1) Several hotel and motel operators in Manila filed a case challenging a city ordinance prohibiting short-time admissions in establishments like hotels and motels. 2) The issue is whether the establishments have legal standing to assert violations of ...
With this in mind, his administration - through the Department of Tourism - swiftly improved connectivity, convenience, and (E)quality for an enhanced tourist experience in the Philippines, strategic approaches encapsulated in the National Tourism Development Plan (NTDP) for 2023 to 2028, approved by President Marcos.
City of Manila, 576 SCRA 416 (2009) ... As a result, the Malate Tourist and Development Corporation (MTDC) filed a complaint for declaratory relief with prayer for preliminary injunction and/or temporary restraining order (TRO) impleading defendant City of Manila and praying that the Ordinance be declared invalid and unconstitutional;
SUPREME COURT Manila. FIRST DIVISION . G.R. No. 106812 June 10, 1997. TAGAYTAY-TAAL TOURIST DEVELOPMENT CORPORATION, petitioner, vs. COURT OF APPEALS (SPECIAL NINTH DIVISION) and THE CITY OF TAGAYTAY, respondents. KAPUNAN, J.: This instant petition for review on certiorari seeks to reverse the decision1 of respondent Court of Appeals in CA-G.R. CV No. 24933 entitled "City of Tagaytay vs ...
Title: White Light Corporation, Titanium Corporation, and Sta. Mesa Tourist & Development Corporation vs. City of Manila, Represented by Mayor Alfredo S. Lim; [G.R. No. 122846, January 20, 2009] Facts: On December 3, 1992, then Mayor Alfredo S. Lim of Manila signed into law City Ordinance No. 7774, which prohibited short-time admission in hotels, motels, […]
The private respondent, Malate Tourist Development Corporation (MTOC) is a corporation engaged in the business of operating hotels, motels, hostels, and lodging houses. It built and opened Victoria Court in Malate which was licensed as a motel although duly accredited with the Department of Tourism as a hotel.
On December 15, 1992, the Malate Tourist and Development Corporation (MTDC) filed a complaint for declaratory relief with prayer for a writ of preliminary injunction and/or. temporary restraining order ( TRO)[5] with the Regional Trial Court (RTC) of Manila, Branch 9 impleading as defendant, herein respondent City of Manila (the City)
LEONARDO L. ANGAT, and HON. JOCELYN B. DAWIS, in their capacity as councilors of the City of Manila, Petitioner, vs. HON. PERFECTO A.S. LAGUIO, JR., as Presiding Judge, RTC, Manila and MALATE TOURIST DEVELOPMENT CORPORATION, Respondents. \On 30 Mar 1993, Mayor Lim signed into law Ord 7783 entitled AN ORDINANCE PROHIBITING THE ESTABLISHMENT OR ...
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Malate Tourist Development Corporation is located at: 1, M. Adriatico Street, Malate, Manila, 1000 Metro Manila, Philippines. What is the phone number of Malate Tourist Development Corporation? You can try to calling this number: +63 2 8521 1084