Philippine Bar review · Question

Practice question: Police Power

Multiple Choice Hard Jurisprudence

Practice question

A coastal city discovers that a few licensed lodging houses have tolerated illegal drug transactions. It orders every lodging house in the city to stop accepting stays shorter than twenty-four hours. The evidence shows that travelers awaiting ferries and families temporarily displaced by power failures often use six-hour stays. Police can target the identified offenders under existing laws, and the city concedes that drug transactions could still occur during a full-day booking. Assuming the ordinance is otherwise duly enacted, which is its strongest substantive defect?
  1. It necessarily fails because morality and public safety are never police-power concerns
  2. It burdens lawful uses through a sweeping restriction despite workable, less intrusive enforcement measures
  3. It is valid because any measure that inconveniences offenders is reasonably necessary
  4. It is valid because patrons remain free to pay for a longer stay
  5. It is immune from review because it regulates businesses rather than individuals

Legal references

  • White Light Corporation v. City of Manila, G.R. No. 122846, January 20, 2009, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/48715

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