Olivarez vs.

Sandiganbayan/ 248 SCRA 700

Dayle Martin D. Manlod

FACTS:

On Dec 15 1992, BCCI charged Olivarez with violation of the Anti-Graft and Corrupt Practices Act
for unreasonably refusing to issue a mayor’s permit despite request and follow ups unless BCCI gives
money to the latter to implement SB Resolution 744 authorizing Baclaran Credit Cooperative Inc (BCCI)
to set up a manufacturer’s night during the Christmas Fiesta Celebration at Baclaran for 60 days

Ombudsman found Olivarez liable for by giving unwarranted benefit though manifest
impartiality to another group on the flimsy reason that complaint failed to apply for a business permit.

Olivarez file the petition for certiorari and prohibition

ISSUE: W.O.N Olivarez exhibited partiality in the denial/inaction over BCCI’s license application

HELD: YES

Olivares issued a permit to an unidentified Baclaran-based vendor’s association by the mere

expedient of an executive order, whereas so many requirements were imposed on BCCI before it could
be granted the same permit.

There was nothing to prevent Olivarez from referring the BCCI letter-application to the licensing
department, but which paradoxically he refused. He violated the equal protection clause because he
failed to show that the two were not similarly situated.

Olivarez, as a municipal mayor, is expressly authorized and has the power to issue permits and
license for the holding of activities for any charitable ot welfare purpose. Hence, he cannot really feign
total lack of authority to act on the letter-application of BCCI