2010 Political Law, Q21

The Sangguniang Panlungsod of Pasay City passed an ordinance requiring all disco pub owners to have all their hospitality girls tested for the AIDS virus. Both disco pub owners and the hospitality girls assailed the validity of the ordinance for being violative of their constitutional rights to privacy and to freely choose a calling or business. Is the ordinance valid? Explain. (5%)

Quick check

What is the primary legal justification for requiring mandatory health testing of hospitality workers in disco pubs?

How does individual constitutional right to privacy yield in the face of public health measures?

What is the legal effect of a local ordinance regulating the health requirements of hospitality workers?

Under settled jurisprudence, which power allows local government units to enact public health regulations?

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What distinguishes permissible regulation of a trade or calling from an unconstitutional prohibition?

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1. Police Power Scope
Police power is the inherent and plenary power of the State to enact laws and regulations that promote public health, safety, morals, and general welfare. Under Philippine constitutional law, local government units exercise delegated police power through their local legislative councils to address public health concerns. Individual rights, including the right to privacy and liberty, are not absolute and must yield to reasonable state regulations designed to safeguard the broader community from infectious diseases and health hazards.

2. Right to Privacy
The constitutional right to privacy protects individuals from unwarranted government intrusion into personal matters. However, privacy rights defer to compelling state interests when public health is threatened. In cases involving compulsory health examinations or disease testing, mandatory testing is sustained as a valid restriction on privacy provided the regulatory measure is reasonably related to preventing disease transmission and does not involve arbitrary or oppressive government action.

3. Regulation of Business
The constitutional right to choose a trade, business, or calling is subject to the regulatory authority of the State. Police power permits local government units to impose reasonable health regulations and conditions on commercial operations, particularly businesses involving public accommodation or entertainment. Mandatory health clearances for workers in high-risk occupations regulate the exercise of a business or calling rather than prohibit it, serving as a valid exercise of regulatory power.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026