Physical Therapy Org. v. Municipal Board, GR L-10448, 30 August 1959

Physical Therapy Org. v. Municipal Board, GR L-10448, 30 August 1959 
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FACTS:

• petitioner-appellant filed an action in the Court of First Instance of Manila for declaratory  judgment  regarding the validity of Municipal Ordinance No.  3659
• To stop the City from enforcing said ordinance,  the petitioner  secured an  injunction  upon  filing of a bond in the sum of P1,000.00. A hearing was held and the trial court  dismissed  the petition and  later dissolved the writ of injunction previously issued
• Petitioner appealed said order of dismissal directly to this Court
•  Petitioner-appellant contends  among  other things that  the  trial  court erred in holding that  the  Ordinance in question  has not restricted the practice of massotherapy in massage clinics to hygienic and aesthetic massage, that the  Ordinance is valid as it does not regulate the practice of massage, that the Municipal Board of Manila has the power to enact the Ordinance in question  by virtue of Section 18, Subsection (kk), Republic  Act 409, and that the permit fee of P100.00 is moderate and not unreasonable.

 
ISSUE/S: Whether the City  of  Manila  is  without   authority to  regulate the operation of massagists and the  operation. of  massage  clinics  within  its jurisdiction
 
RULING:
No. The  end sought to be attained in the Ordinance is  to prevent the commission of immorality and the  practice of  prostitution in an establishment masquerading as a massage clinic where the operators thereof  offer to massage or manipulate superficial parts of the bodies of customers  for hygienic and aesthetic purposes.
We  do not believe  that the Municipal Board of the  City of  Manila and the Mayor wanted or intended to regulate the practice of massage in general or restrict the  same to hygienic and aesthetic only.
Section 18  of the New Charter of the City of Manila, Republic Act No. 409, which gives legislative powers to the Municipal Board to enact all ordinances it may deem necessary and proper for the promotion of the morality, peace, good order, comfort, convenience and general  welfare  of  the City and  its inhabitants.   This is generally referred to as the General Welfare Clause, a delegation in  statutory form  of the police power, under which  municipal corporations  are authorized to  enact ordinances to provide for the health and safety, and promote the morality,  peace and general welfare of its inhabitants.