Canet vs. Decena

Facts:

On July 27, 1998, the Sangguniang Bayan of Bula, Camarines Sur passed Resolution No. 049, S. 1998, authorizing petitioner Rolando N. Canet to establish, operate and maintain a cockpit in Sitio Cabaya, San Roque, Bula. Thereafter the Sangguniang Bayan approved Ordinance No. 001, S. 1999, regulating cockpits and setting fees, but the municipal mayor returned the ordinance for lacking rules and a separability clause; later the Sangguniang Bayan withdrew the ordinance by Resolution No. 078, S. 1999.

Relying on Resolution No. 049, petitioner applied for a mayor’s permit. Mayor Julieta A. Decena denied the application, invoking Section 447(a)(3)(v) of the Local Government Code (RA No. 7160) which vests the power to authorize and license cockpits in the Sangguniang Bayan and requires an ordinance. On July 26, 1999 petitioner sued the mayor in the Regional Trial Court of Pili, Camarines Sur (Branch XXXI), filing Special Civil Action No. P‑84‑99 for mandamus and damages and sought a preliminary mandatory injunction.

The trial court denied the mayor’s motion to dismiss and issued a writ of preliminary mandatory injunction on January 27, 2000 (writ issued Feb. 1, 2000) ordering the mayor to approve and issue the permit upon bond. The mayor petitioned the Court of Appeals for certiorari and prohibition (CA‑G.R. SP No. 57797); the CA issued a temporary restraining order on April 3, 2000 and on June 3, 2002 rendered a decision annulling the trial court’s January 27, 2000 resolution and writ, while making the ...(Pro-only)

Issues:

• May the Municipal Mayor be compelled to issue a mayor’s permit to operate a cockpit in the absence of a municipal ordinance authorizing and regulating cockpits?
• Do a Sangguniang Bayan resolution (Resolution No. 049) and general municipal tax ordinances suffice to substitute for a specific ordinance authorizing and presc...(Pro-only)

Ruling:

• (Pro-only)

Ratio:

• (Pro-only)

Doctrine:

• (Pro-only)