DIGEST/ Banas, Mary Rovytte/ Angel Lorenzo vs The Department of Health G.R. No. 27484 September 1, 1927

 DIGEST/ Banas, Mary Rovytte/ Angel Lorenzo vs The Department of Health     G.R. No. 27484     September 1, 1927 

Facts:

Petitioner Angel Lorenzo (Lorenzo) was a leper and admitted to the San Lazaro Hospital in the City of Manila in conformity with the provision of the Administrative Code. However, Lorenzo alleged that her confinement had violated her constitutional right since that leprosy is not an infectious disease. Lorenzo then filed a writ of habeas corpus. 

Issue: 

Whether the provision on the confinement of lepers in the Administrative Code is a violation of a constitutional right?

Ruling: 

No. The said provision in the Administrative Code is not a violation of a constitutional right since this was enacted by the legislative body in the legitimate exercise of police power which extends to the preservation of public health. It was placed on the statute books in recognition of leprosy as a grave health problem. The methods provided for the control of leprosy plainly constitute due process of law.  

Judicial notice will be taken of the fact that leprosy is commonly believed to be an infectious disease tending to cause an afflicted with it to be shunned and excluded from society, and that compulsory segregation of lepers as a means of preventing the spread of the disease of supported by high scientific authority.  Upon this view, laws for the segregation of lepers have been provided the world over. Similarly, the local legislature has regarded leprosy as a contagious disease and has authorized measures to control the dread scourge.