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