Professional Documents
Culture Documents
CA
Facts:
AO applied with the Office of the City Mayor of Iligan for business permit. City Mayor subsequently
issued Business Permit No. 5342 subject to the ff conditions:
a.
b.
c.
d.
e.
Since it is a corp, AO cannot put up an optical clinic but only a commercial store;
AO cannot examine and/or prescribe reading and similar optical glasses for patients, b/c these
are functions of optical clinics;
AO cannot sell reading and similar eyeglasses without prescription by an independent
optometrist or independent optical clinic;
AO cannot advertise optical lenses and eyeglasses, but can advertise Ray-Ban and similar
glasses and framesl
AO is allowed to grind lenses but only upon the prescription of an independent optometrist.
Samahan ng Optometrist Sa Pilipinas (SOPI) lodged a complaint against AO before the Office of the City
Mayor, alleging that AO had violated the conditions set forth in the business permit and requested for
its cancellation and/or revocation.
The City Mayor designated City Legal Officer to conduct an investigation on the matter. CLO submitted
a report to the Mayor finding AO guilty of violating all the conditions and recommending the
disqualification.
Mayor sent AO a Notice of Resolution and Cancellation of Business Permit effective jul 19, 1989 and
gave AO 3 months to wind up its affairs.
AO brought a petition for certiorari, prohibition and mandamus with prayer for RO/PI against
respondents before the RTC, alleging that it was denied due process b/c it was never given an
opportunity to present evidence, denied equal protection of the laws as the limitations imposed on its
business permit were not imposed on similar businesses in Iligan City, that Mayor had no authority to
impose the special conditions, and the CLO had no authority to conduct the investigation.
RTC: dismissed the petition for failure to exhaust administrative remedies, and dissolved the writ of PI
CA: dismissed petitio0n for certiorari, prohibition and mandamus for lack of merit
Issue:
Whether or not City Mayor has the authority to impose special conditions in the grant of business
permits.
Ruling: