Inchong vs. Hernandez 101 PHIL 155

Facts:

The congress of the phils. enacted the act which nationalizes the retail trade business, Republic Act # 1180, entitled " An act to regulate the retail business" prohibiting aliens in general to engage in retail trade in our country. Petitioners, for and in his own behalf and on behalf of other alien residents, corporations and partnerships adversely affected by the provisions of RA 1180, brought this action to obtain a judicial declaration that said act in unconstitutional.

Issue:

whether congress in enacting RA 1180 violated the UN charter, the UN declaration of human rights and the phil-chines treaty of amity.

Held:

The UN charter imposes no strict or legal obligations regarding the rights and freedom of their rights, and the declaration of human rights contains nothing more than a mere recommendation, or a common standard of achievement for all people and all nations.

The treaty of amity between phil-china guarantees equality of treatment to the chinese nationals upon the same terms as the nationals of any other country. But the nationals of china are not discriminated against because nationals of all other countries, except those of US personnel who are granted special rights by the constitution, are all prohibited from engaging in the retail trade. But even supposing the law infringes upon said treaty, the treaty is always subject to qualification or amendmentby a subsequent law and the same may never curtail or restrict the scope of the police power of the state.