ZACARIAS VILLAVICENCIO, ET AL., petitioners, vs. JUSTO LUKBAN, ET AL., respondents. NO.

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G.R. No. L-14639 March 25, 1919

Nature of the action:

Facts :

One hundred and seventy women were isolated from society, and then at night, without their consent
and without any opportunity to consult with friends or to defend their rights, were forcibly hustled on
board steamers for transportation to regions unknown. Despite the feeble attempt to prove that the
women left voluntarily and gladly, that such was not the case is shown by the mere fact that the
presence of the police and the constabulary was deemed necessary and that these officers of the law
chose the shades of night to cloak their secret and stealthy acts. Indeed, this is a fact impossible to
refute and practically admitted by the respondents.

ISSUE : WON Mayor Lukban has the right to deport women with ill repute.

RULING: No.

Ratio Decidendi :

Law defines power. No official, no matter how high, is above the law. Lukban committed a grave abuse
of discretion by deporting the prostitutes to a new domicile against their will. There is no law expressly
authorizing his action. On the contrary, there is a law punishing public officials, not expressly authorized
by law or regulation, which compels any person to change his residence Furthermore, the prostitutes
are still, as citizens of the Philippines, entitled to the same rights, as stipulated in the Bill of Rights, as
every other citizen. Their choice of profession should not be a cause for discrimination. It may make
some, like Lukban, quite uncomfortable but it does not authorize anyone to compel said prostitutes to
isolate themselves from the rest of the human race. These women have been deprived of their liberty by
being exiled to Davao without even being given the opportunity to collect their belongings or, worse,
without even consenting to being transported to Mindanao. For this, Lukban etal must be severely
punished