Supreme Court Finds Bar Closure was Unlawful
The Process of Law takes time and in April 2005 the way has finally been made clear for the rebirth of bars in Ermita
Thursday, April 14, 2005
Manila law on bars unconstitutional–SC
By Jomar Canlas, Reporter
THE Supreme Court on Wednesday declared unconstitutional a Manila city ordinance that was carried out during the term of former mayor Alfredo Lim prohibiting nightclubs, sauna baths and other entertainment centers operating as fronts for prostitution.
In a 59-page decision, the Court nullified Ordinance 7783 for violating the due process and equal protection clauses in the Constitution. The justices said the ordinance violated the “private property of individuals.”
The ruling, written by Associate Justice Dante Tinga, dismissed the petition of Lim and affirmed the findings of Manila Regional Trial Court Judge Perfecto Laguio Jr.
The Court said the problem with prostitution is not the establishments in Ermita and Malate, but that “there are no pure places where there are impure men.”
The ruling also said the “requisites for the valid exercise of police power were not met and the closure of the establishments will not eradicate the alluded social ills of prostitution, adultery, fornication
August 17, 2002
After 10 long years and a successful closure of all the nightclubs in the former red light district of Ermita, the Supreme Court finally declared yesterday that former Manila Mayor Alfredo Lim's raids on these girlie joints are illegal.
Justice Antonio Carpio upheld the December 1992 ruling of the Manila regional trial court and the March 1993 decision of the Court of Appeals since the feisty mayor violated the rights of New Bangkok Club and Exotic Garden Restaurant. In a 13-page decision, the high tribunal likewise held that local chief executives don't have the authority to close down business establishments in the guise of inspecting whether there are violations in their business permits.
"Lim's zeal in his campaign against prostitution is commendable. However, there is no excusing Lim for arbitrarily closing down, without due process of law, the business operations of Bistro Pigalle Inc. (the clubs' owner)," the SC said. Bistro said Lim unilaterally closed down their operations even before their license could expire, stopped the staff's work, and refused to renew their license for 1993, without hearing them out and filing charges for any violation of any law.
"The mayor has no power to order a police raid on these establishments in the guise of inspecting or investigating these commercial establishments," the SC said, saying this job belongs to either the city health officer or the city treasurer. The SC also reiterated: "Lim has no authority to close down Bistro's business or any business establishment in Manila without the due process of law."
Help build this Virtual Ermita bar Tour
We are looking for Map contributions or any photos / information of the bars of including:
- Infromation
- Stories
- Pictures of bars (outside)
- Pictures of bars (inside)
- Pictures of bargirls
Click here find out how to contribute
|
