preceding sections. He shall submit whenever required by the Mayor or his authorizedrepresentative the persons acting as massagists, attendants or helpers in his clinic. He shall place the massage clinic open to inspection at all times by the police, health officers, andother law enforcement agencies of the government, shall be held liable for anything whichmay happen with the premises of the massage clinic.SEC. 7.
. — Any person violating any of the provisions of this Ordinance shall uponconviction, be punished by a fine of not less than fifty pesos nor more than two hundred pesos or by imprisonment for not less than six days nor more than six months, or both suchfine and imprisonment, at the discretion of the court.SEC. 8.
. — All ordinances or parts of ordinances, which are inconsistentherewith, are hereby repealed.SEC. 9.
. — This Ordinance shall take effect upon its approval.Enacted, August 27, 1954.Approved, September 7, 1954.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 without authority to regulate the operation of massagists and the operation of massage clinics within its jurisdiction; that whereas under the OldCity Charter, particularly, Section 2444 (e) of the Revised Administrative Code, the MunicipalBoard was expressly granted the power to regulate and fix the license fee for the occupation of massagists, under the New Charter of Manila, Republic Act 409, said power has been withdrawn or omitted and that now the Director of Health, pursuant to authority conferred by Section 938 of theRevised Administrative Code and Executive Order No. 317, series of 1941, as amended byExecutive Order No. 392, series, 1951, is the one who exercises supervision over the practice of massage and over massage clinics in the Philippines; that the Director of Health has issuedAdministrative Order No. 10, dated May 5, 1953, prescribing "rules and regulations governing theexamination for admission to the practice of massage, and the operation of massage clinics, offices,or establishments in the Philippines", which order was approved by the Secretary of Health andduly published in the Official Gazette; that Section 1 (a) of Ordinance No. 3659 has restricted the practice of massage to only hygienic and aesthetic massage prohibits or does not allow qualifiedmassagists to practice therapeutic massage in their massage clinics. Appellant also contends that thelicense fee of P100.00 for operator in Section 2 of the Ordinance is unreasonable, nay,unconscionable.If we can ascertain the intention of the Manila Municipal Board in promulgating the Ordinance inquestion, much of the objection of appellant to its legality may be solved. It would appear to us thatthe purpose of the Ordinance is not to regulate the practice of massage, much less to restrict the practice of licensed and qualified massagists of therapeutic massage in the Philippines. The endsought to be attained in the Ordinance is to prevent the commission of immorality and the practiceof 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 andaesthetic purposes. This intention can readily be understood by the building requirements in Section3 of the Ordinance, requiring that there be separate rooms for male and female customers; thatinstead of said rooms being separated by permanent partitions and swinging doors, there shouldonly be sliding curtains between them; that there should be "no private rooms or separatedcompartments, except those assigned for toilet, lavatories, dressing room, office or kitchen"; thatevery massage clinic should be provided with only one entrance and shall have no direct or indirectcommunication whatsoever with any dwelling place, house or building; and that no operator,massagists, attendant or helper will be allowed "to use or allow the use of a massage clinic as a place of assignation or permit the commission therein of any immoral or incident act", and in fixingthe operating hours of such clinic between 8:00 a.m. and 11:00 p.m. This intention of the Ordinance