G.R. No. L-10448 - IN RE: Physical Therapy Organization of the Philippines, Inc. vs. Municipal Board of the City of Manila

Petitioner-appellant Physical Therapy Organization of the Philippines, Inc., an association of registered massagists and licensed massage-clinic operators, filed in the Court of First Instance of Manila a petition for declaratory judgment challenging the validity of Municipal Ordinance No. 3659.
To restrain enforcement of the ordinance, petitioner secured an injunction upon filing a P1,000 bond.

Enacted by the Manila Municipal Board and approved September 7, 1954, it regulates “hygienic and aesthetic massage” clinics by defining terms, imposing permit fees (P100 annual for operators; P5 for attendants), prescribing building and operational requirements, fixing qualifications and hours, and prescribing penalties.
Key provisions require separate male/female rooms with sliding curtains only, one entrance with no direct connection to residences, prohibition of immoral acts, and attire rules to avoid indecent impressions.

After a hearing on pleadings and memoranda without additional evidence, the trial court dismissed the petition and dissolved the injunction.
Petitioner appealed directly to the Supreme Court.

Does the Manila Municipal Board, under Republic Act No. 409, § 18, possess power to regulate massage clinics?

Does Ordinance No. 3659 unlawfully limit the practice of massage to hygienic and aesthetic purposes to the exclusion of therapeutic massage?

Is the annual P100 operator permit fee (and P5 for attendants) excessive or unconscionable?