1.

Incorporation Clause reasonable grounds exist for making a distinction between

 Conflict between International Law and Municipal Law those who fall within such class and those who do not.”

LAO H. ICHONG, in his own behalf and in behalf of

other alien residents, corporations and partnerships
adversely affected. by Republic Act No. 1180, vs. JAIME
HERNANDEZ, Secretary of Finance, and MARCELINO
SARMIENTO, City Treasurer of Manila
G.R. No. L-7995 May 31, 1957
LABRADOR, J.:

FACTS
Driven by aspirations for economic independence and
national security, the Congress enacted Act No. 1180
entitled “An Act to Regulate the Retail Business.” The main
provisions of the Act, among others, are:

(1) Prohibition against persons, not citizens of the

Philippines, and against associations, among others,
from engaging directly or indirectly in the retail
trade; and

(2) Prohibition against the establishment or opening

by aliens actually engaged in the retail business of
additional stores or branches of retail business.

Lao H. Ichong, in his own behalf and on behalf of other

alien residents, corporations and partnerships adversely
affected by the said Act, brought an action to obtain a
judicial declaration, and to enjoin the Secretary of Finance,
Jaime Hernandez, and all other persons acting under him,
particularly city and municipal treasurers, from enforcing
its provisions. Petitioner attacked the constitutionality of
the Act, contending that:

It denies to alien residents the equal protection of the laws

and deprives of their liberty and property without due
process of law. The subject of the Act is not expressed or
comprehended in the title thereof.

The Act violates international and treaty obligations of the

Republic of the Philippines.

ISSUE

Whether or not a law may invalidate or supersede treaties

or generally accepted principles.

HELD

A generally accepted principle of international law, should

be observed by us in good faith. If a treaty would be in
conflict with a statute then the statute must be upheld
because it represented an exercise of the police power
which, being inherent could not be bargained away or
surrendered through the medium of a treaty.

Yes, a law may supersede a treaty or a generally accepted

principle. In this case, the Supreme Court saw no conflict
between the raised generally accepted principle and with
RA 1180. The equal protection of the law clause “does not
demand absolute equality amongst residents; it merely
requires that all persons shall be treated alike, under like
circumstances and conditions both as to privileges
conferred and liabilities enforced”; and, that the equal
protection clause “is not infringed by legislation which
applies only to those persons falling within a specified class,
if it applies alike to all persons within such class, and