Canet vs Mayor Decena

G.R. No. 155344 January 20, 2004

Facts:
The petitioner filed a complaint against the respodent Mayor for Mandamus and
Damages with Application for
Preliminary Mandatory Injunction for the rejection of issuing a Mayor's permit to
operate and maintain a
cockpit.

Sangguniang Bayan passed Resolution No. 49 authorizing petititoner to establish,

operate and maintain cockpit.
Subsequently, the Sangguniang Bayang passed Ordinance no. 01 containing details
about regulating operations
and providing penalties for violation. Meanwhile, petitioner relying on Resolution
49 filed an application for the
Mayor's Permit which was not issued as the authority to give licenses was vested in
the Sangguniang Bayan.

The trial court issued the writ of preliminary mandatory injuction as a resolution
against the defendant. The respondent
filed a petition in with the Court of Appeals thus resulting for the writ to be
annulled and set aside

Issue:
Whether or not the respondent, in her capacity as Municipal Mayor, can be complled
to issue the necessary business
permit in the absence of a municipal ordinance which would empower her to do so.

Ruling:
under Republic Act No. 7160 Section 447 (v) The Sangguniang Bayan shall authorize
and license the establishment
provided that existing rights should not be prejudiced. Petitioner admits that
there is no ordinance which authorize
the grant of Mayor's permit to operate and maintaint the said establishment. The
petitioner cited Municipal Tax
Ordinances No. 1 and 5 which contain general provision for the issuance of the
permit but do not containt specific
provisions regarding the operation of cockpits and other game fowl activities.

The petition was denied for the lack of merit in the resolution.