G.R. No.

L-10448 August 30, 1957

IN THE MATTER OF A PETITION FOR DELARATOR! "#DGMENT REGARDING
THE $ALIDIT! OF M#NIIPAL ORDINANE NO. 3%59 OF THE IT! OF MANILA.
PH!&IAL THERAP! ORGANI'ATION OF THE PHILIPPINE&, IN., petitioner-
appellant,
vs.
THE M#NIIPAL (OARD OF THE IT! OF MANILA )*+ AR&ENIO H. LA&ON, )s
M),o- o. t/0 1t, o. M)*12), respondents-appellees.
Mariano M. de Joya for appellant.
City Fiscal Eugenio Angeles and Assistant Fiscal Arsenio Naawa for appellees.
MONTEMA!OR, J.3
The petitioner-appellant, an association of registered massagists and licensed operators of
massage clinics in the City of Manila and other parts of the country, filed an action in the Court
of First Instance of Manila for declaratory judgment regarding the validity of Municipal
Ordinance No. !"#, promulgated $y the Municipal %oard and approved $y the City Mayor. To
stop the City from enforcing said ordinance, the petitioner secured an injunction upon filing of a
$ond in the sum of &',(((.((. ) hearing *as held, $ut the parties *ithout introducing any
evidence su$mitted the case for decision on the pleadings, although they su$mitted *ritten
memoranda. Thereafter, the trial court dismissed the petition and later dissolved the *rit of
injunction previously issued.
The petitioner appealed said order of dismissal directly to this Court. In support of its appeal,
petitioner-appellant contends among other things that the trial court erred in holding that the
Ordinance in +uestion 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 %oard of Manila has the po*er to enact the Ordinance in +uestion
$y virtue of ,ection '-, ,u$section .//0, 1epu$lic )ct 2(#, and that permit fee of &'((.(( is
moderate and not unreasona$le. Inasmuch as the appellant assails and discuss certain provisions
regarding the ordinance in +uestion, and it is necessary to pass upon the same, for purposes of
ready reference, *e are reproducing said ordinance in toto.
O13IN)NC4 No. !"#
)N O13IN)NC4 14567)TIN5 T84 O&41)TION OF M),,)54 C7INIC, IN
T84 CIT9 OF M)NI7) )N3 &1O:I3IN5 &4N)7TI4, FO1 :IO7)TION,
T8414OF.
Be it ordained by the Municipal Board of the City of Manila, that
,ection '. !efinition. ; For the purpose of this Ordinance the follo*ing *ords and
phrases shall $e ta/en in the sense herein$elo* indicated<
.a0 Massage clinic shall include any place or esta$lishment used in the practice of
hygienic and aesthetic massage=
.$0 8ygienic and aesthetic massage shall include any system of manipulation of treatment
of the superficial parts of the human $ody of hygienic and aesthetic purposes $y ru$$ing,
stro/ing, /neading, or tapping *ith the hand or an instrument=
.c0 Massagist shall include any person *ho shall have passed the re+uired e>amination
and shall have $een issued a massagist certificate $y the Committee of 4>aminers of
Massagist, or $y the 3irector of 8ealth or his authori?ed representative=
.d0 )ttendant or helper shall include any person employed $y a duly +ualified massagist
in any message clinic to assist the latter in the practice of hygienic and aesthethic
massage=
.e0 Operator shall include the o*ner, manager, administrator, or any person *ho operates
or is responsi$le for the operation of a message clinic.
,4C. @. "er#it Fees. ; No person shall engage in the operation of a massage clinic or in
the occupation of attendant or helper therein *ithout first having o$tained a permit
therefor from the Mayor. For every permit granted under the provisions of this
Ordinance, there shall $e paid to the City Treasurer the follo*ing annual fees<
.a0 Operator of a massage &'((.((
.$0 )ttendant or helper ".((
,aid permit, *hich shall $e rene*ed every year, may $e revo/ed $y the Mayor at any
time for the violation of this Ordinance.
,4C. . Building re$uire#ent. ; .a0 In each massage clinic, there shall $e separate
rooms for the male and female customers. 1ooms *here massage operations are
performed shall $e provided *ith sliding curtains only instead of s*inging doors. The
clinic shall $e properly ventilated, *ell lighted and maintained under sanitary conditions
at all times *hile the esta$lishment is open for $usiness and shall $e provided *ith the
necessary toilet and *ashing facilities.
.$0 In every clinic there shall $e no private rooms or separated compartment e>cept those
assigned for toilet, lavatories, dressing room, office or /itchen.
.c0 4very massage clinic shall Aprovided *ith only one entrance and it shall have no
direct or indirect communication *hatsoever *ith any d*elling place, house or $uilding.
,4C. 2. %egulations for the operation of #assage clinics. ; .a0 It shall $e unla*ful for
any operator massagist, attendant or helper to use, or allo* the use of, a massage clinic as
a place of assignation or permit the commission therein of any incident or immoral act.
Massage clinics shall $e used only for hygienic and aesthetic massage.
.$0 Massage clinics shall open at eight oBcloc/ a.m. and shall close at eleven oBcloc/ p.m.
.c0 Chile engaged in the actual performance of their duties, massagists, attendants and
helpers in a massage clinic shall $e as properly and sufficiently clad as to avoid suspicion
of intent to commit an indecent or immoral act=
.d0 )ttendants or helpers may render service to any individual customer only for hygienic
and aesthetic purposes under the order, direction, supervision, control and responsi$ility
of a +ualified massagist.
,4C. ". &ualifications ; No person *ho has previously $een convicted $y final
judgment of competent court of any violation of the provisions of paragraphs and " of
)rt. @(@ and )rts. ", !, 2( and 2@ of the 1evised &enal Code, or ,ecs. -'# of the
City of Manila, or *ho is suffering from any venereal or communica$le disease shall
engage in the occupation of massagist, attendant or helper in any massage clinic.
)pplicants for MayorBs permit shall attach to their application a police clearance and
health certificate duly issued $y the City 8ealth Officers as *ell as a massagist certificate
duly issued $y the Committee or 4>aminers for Massagists or $y the 3irector of 8ealth
or his authori?ed representatives, in case of massagists.
,4C. !. !uty of operator of #assage clinic. ; No operator of massage clinic shall allo*
such clinic to operate *ithout a duly +ualified massagist nor allo*, any man or *oman to
act as massagist, attendant or helper therein *ithout the MayorBs permit provided for in
the preceding sections. 8e shall su$mit *henever re+uired $y the Mayor or his authori?ed
representative the persons acting as massagists, attendants or helpers in his clinic. 8e
shall place the massage clinic open to inspection at all times $y the police, health officers,
and other la* enforcement agencies of the government, shall $e held lia$le for anything
*hich may happen *ith the premises of the massage clinic.
,4C. D. "enalty. ; )ny person violating any of the provisions of this Ordinance shall
upon conviction, $e punished $y a fine of not less than fifty pesos nor more than t*o
hundred pesos or $y imprisonment for not less than si> days nor more than si> months, or
$oth such fine and imprisonment, at the discretion of the court.
,4C. -. %epealing Clause. ; )ll ordinances or parts of ordinances, *hich are
inconsistent here*ith, are here$y repealed.
,4C. #. Effecti'ity. ; This Ordinance shall ta/e effect upon its approval.
4nacted, )ugust @D, '#"2.
)pproved, ,eptem$er D, '#"2.
The main contention of the appellant in its appeal and the principal ground of its petition for
declaratory judgment is that the City of Manila is *ithout authority to regulate the operation of
massagists and the operation of massage clinics *ithin its jurisdiction= that *hereas under the
Old City Charter, particularly, ,ection @222 .e0 of the 1evised )dministrative Code, the
Municipal %oard *as e>pressly granted the po*er to regulate and fi> the license fee for the
occupation of massagists, under the Ne* Charter of Manila, 1epu$lic )ct 2(#, said po*er has
$een *ithdra*n or omitted and that no* the 3irector of 8ealth, pursuant to authority conferred
$y ,ection #- of the 1evised )dministrative Code and 4>ecutive Order No. 'D, series of '#2',
as amended $y 4>ecutive Order No. #@, series, '#"', is the one *ho e>ercises supervision over
the practice of massage and over massage clinics in the &hilippines= that the 3irector of 8ealth
has issued )dministrative Order No. '(, dated May ", '#", prescri$ing Arules and regulations
governing the e>amination for admission to the practice of massage, and the operation of
massage clinics, offices, or esta$lishments in the &hilippinesA, *hich order *as approved $y the
,ecretary of 8ealth and duly pu$lished in the Official 5a?ette= that ,ection ' .a0 of Ordinance
No. !"# has restricted the practice of massage to only hygienic and aesthetic massage prohi$its
or does not allo* +ualified massagists to practice therapeutic massage in their massage clinics.
)ppellant also contends that the license fee of &'((.(( for operator in ,ection @ of the Ordinance
is unreasona$le, nay, unconsciona$le.
If *e can ascertain the intention of the Manila Municipal %oard in promulgating the Ordinance
in +uestion, much of the o$jection of appellant to its legality may $e solved. It *ould appear to
us that the purpose of the Ordinance is not to regulate the practice of massage, much less to
restrict the practice of licensed and +ualified massagists of therapeutic massage in the
&hilippines. The end sought to $e attained in the Ordinance is to prevent the commission of
immorality and the practice of prostitution in an esta$lishment mas+uerading as a massage clinic
*here the operators thereof offer to massage or manipulate superficial parts of the $odies of
customers for hygienic and aesthetic purposes. This intention can readily $e understood $y the
$uilding re+uirements in ,ection of the Ordinance, re+uiring that there $e separate rooms for
male and female customers= that instead of said rooms $eing separated $y permanent partitions
and s*inging doors, there should only $e sliding curtains $et*een them= that there should $e Ano
private rooms or separated compartments, e>cept those assigned for toilet, lavatories, dressing
room, office or /itchenA= that every massage clinic should $e provided *ith only one entrance
and shall have no direct or indirect communication *hatsoever *ith any d*elling place, house or
$uilding= and that no operator, massagists, attendant or helper *ill $e allo*ed Ato use or allo*
the use of a massage clinic as a place of assignation or permit the commission therein of any
immoral or incident actA, and in fi>ing the operating hours of such clinic $et*een -<(( a.m. and
''<(( p.m. This intention of the Ordinance *as correctly ascertained $y Eudge 8ermogenes
Concepcion, presiding in the trial court, in his order of dismissal *here he said< AChat the
Ordinance tries to avoid is that the massage clinic run $y an operator *ho may not $e a masseur
or #assagista may $e used as cover for the running or maintaining a house of prostitution.A
Ordinance No. !"#, particularly, ,ections ' to 2, should $e considered as limited to massage
clinics used in the practice of hygienic and aesthetic massage. Ce do not $elieve that Municipal
%oard of the City of Manila and the Mayor *anted or intended to regulate the practice of
massage in general or restrict the same to hygienic and aesthetic only.
)s to the authority of the City %oard to enact the Ordinance in +uestion, the City Fiscal, in
representation of the appellees, calls our attention to ,ection '- of the Ne* Charter of the City of
Manila, )ct No. 2(#, *hich gives legislative po*ers to the Municipal %oard to enact all
ordinances it may deem necessary and proper for the promotion of the morality, peace, good
order, comfort, convenience and general *elfare of the City and its inha$itants. This is generally
referred to as the 5eneral Celfare Clause, a delegation in statutory form of the police po*er,
under *hich municipal corporations, are authori?ed to enact ordinances to provide for the health
and safety, and promote the morality, peace and general *elfare of its inha$itants. Ce agree *ith
the City Fiscal.
)s regards the permit fee of &'((.((, it *ill $e seen that said fee is made paya$le not $y the
masseur or massagist, $ut $y the operator of a massage clinic *ho may not $e a massagist
himself. Compared to permit fees re+uired in other operations, &'((.(( may appear to $e too
large and rather unreasona$le. 8o*ever, much discretion is given to municipal corporations in
determining the amount of said fee *ithout considering it as a ta> for revenue purposes<
The amount of the fee or charge is properly considered in determining *hether it is a ta>
or an e>ercise of the police po*er. The amount may $e so large as to itself sho* that the
purpose *as to raise revenue and not to regulate, $ut in regard to this matter there is a
mar/ed distinction $et*een license fees imposed upon useful and $eneficial occupations
*hich the sovereign *ishes to regulate $ut not restrict, and those *hich are ini#ical and
dangerous to public health, #orals or safety. (n the latter case the fee #ay be 'ery large
without necessarily being a ta). .Cooley on Ta>ation, :ol. I:, pp. "'!-'D= underlining
supplied.0
4vidently, the Manila Municipal %oard considered the practice of hygienic and aesthetic
massage not as a useful and $eneficial occupation *hich *ill promote and is conducive to pu$lic
morals, and conse+uently, imposed the said permit fee for its regulation.
In conclusion, *e find and hold that the Ordinance in +uestion as *e interpret it and as intended
$y the appellees is valid. Ce deem it unnecessary to discuss and pass upon the other points raised
in the appeal. The order appealed from is here$y affirmed. No costs.