Velasco vs. Villegas [G.R. No.

L-24153 (120 SCRA),

February 14, 1983]
Post under case digests, Political Law at Sunday, February 26, 2012 Posted by Schizophrenic Mind

Facts: Petitioners herein are members of the Sta. Cruz

Barbershop Association. This is an appeal from the lower
court's(LC) order dismissing their suit for declatory relief.
They are challenging the constitutionality of Ord. No.
4964. They contend that it amounts todeprivation of
properties and their means of livelihood without due
process of law.
The assailed ordinance is worded thus: "It shall be
prohibited
for
any
operator
of
any barber
shop to conduct the business of massaging customers or
other persons in any adjacent room or rooms of
saidbarber shop, or in any room or rooms within the same
building where the barber shop is located as long as the
operator of thebarber shop and the room where
massaging is conducted is the same person."
Respondent in its reply, said that the Ordinance No. 4964
is constitutional and such is just an exercise of the state's
inherent power (police power).
Issue: Whether or not the assailed Ordinance violated the
petitioner's right to property and their means of livelihood.
Held: Ordinance is Constitutional. Petition is dismissed,
LC decision affirmed.

Enactment of such (Ordinance) is a valid exercise of

Police Power.
The objectives of the Ordinance are:
(1) To impose payment of license fees for engaging in the
business of massage clinics, and;
(2) To forestall possible immorality which might grow from
the construction of a separate room for massaging
customers.
This
Court
has
been
most
liberal
in
sustaining ordinances based on the general welfare
clause. And for that reason, the petitioners rights were not
violated and they are not deprived of the due process of
law.