Velasco vs.

Villegas
G.R. No. 24153
Feb. 14, 1983
#Police Power
#Characteristics
#Test for valid exercise of police power
#Lawful subject
FACTS:
Respondents-appellants Villegas et al,through the City of Manila, promulgated
Ordinance No. 4964 prohibiting for any operator of any barber shop to conduct the
business of massaging customers or any persons in any adjacent room or rooms of
said barber shop, or in any room or rooms within the building where the barber shop
is located as long as the operator of the barber shop and the room where the
massaging is conducted is the same person.
Petitioners Velasco et al, a member of the Sta. Cruz Barber Shop Association,
in own behalf and representing the other owners of barber shop in the City of
Manila filed in the lower court a suit for declaratory relief challenging the
constitutionality of the ordinance which they contented that it deprives the property
of the petitioners of their means of livelihood without due process.
The lower court dismissed the petition thus prompted the petitioners to file
an instant petition before the Supreme Court.
ISSUE:
Whether or not City of Manila Ordinance No. 4964 is unconstitutional.
Held:
The Supreme Court declared that the ordinance is not unconstitutional.
The Supreme Court held that the power vested in the City of Manila is an
exercise of police power as embodied on Sec. 16 of R.A. 7160 or the Local
Government Code of 1991 wherein the general welfare clause assails the statutory
grant of police power to local government units and thus the City of Manila passed
such ordinanance for the protection of public morals.
The respondents-appellants are correct in their argument that the objective
of the ordinance is to impose payment of the licence fee for engaging in the
business of massage clinics and not to regulate the business of barber shops or to
forestall the possible immorality as a consequence in the construction of separate
rooms the massage of customers.
The Supreme Court affirmed the decision of the lower court.