Villavicencio vs Lukban L-14639

Facts:

Justo Lukban as Manila Mayor together with the police officer, took custody of 170 women at the night of October 25 beyond the latter's consent and knowledge and thereafter were shipped to Davao City where they were signed as laborers.
A writ of habeas corpus was filed against the mayor on behalf of those women. The court granted the writ, but the mayor was not able to bring any of the women before the court on the stipulated date.

Issue:

Whether or not the act of mayor has a legal basis.


Held:

The supreme court said that the mayor's acts were not legal. His intent of exterminating vice was commendable, but there was no law saying that he could force filipino women to change their domicile from manila to nother place. The women, said the court, although in a sense "lepers of society" were still filipino citizens and such they were entitled to the constitutional enjoyed by all other filipino citizens. The right to freedom of domicile was such a fundamental right that its suppression could considered tantamount to slavery.

The supreme court upheld the right of filipino citizens to freedom of domicile or the Liberty of abode. "Ours is a government of laws and not of men."


rhydel dogadle, law student MSU-Zamboanga Peninsula