Case Digest (G.R. No. 190289)
Facts:
In The City of Bacolod, Hon. Mayor Evelio R. Leonardia, Atty. Allan L. Zamora and Arch. Lemuel D. Reynaldo, in their personal and official capacities, vs. Phuture Visions Co., Inc. (G.R. No. 190289), decided January 17, 2018, respondent Phuture Visions Co., Inc. (Phuture) filed on March 5, 2007 a Petition for Mandamus and Damages against the City of Bacolod and its officials, alleging wrongful closure of its bingo outlet at SM City Bacolod. Phuture was incorporated in 2004 and amended its Articles of Incorporation in May 2005 to include gaming; it secured a provisional Grant of Authority from PAGCOR on December 5, 2006 and an Award Notice from SM Prime Holdings on January 10, 2007 to operate bingo at SM Bacolod. On February 19, 2007 Phuture applied for a mayor’s permit, paid the required fees, and received a claim slip indicating that the actual permit could be claimed on March 16, 2007. It further amended its Articles of Incorporation on February 27, 2007 to make bingo operatioCase Digest (G.R. No. 190289)
Facts:
- Nature of the Case and Parties
- Petitioners: City of Bacolod, Hon. Mayor Evelio R. Leonardia, Atty. Allan L. Zamora, Arch. Lemuel D. Reynaldo in both personal and official capacities.
- Respondent: Phuture Visions Co., Inc., incorporated in 2004 for gaming operations.
- Permit Applications and Operations
- February 2006–January 2007: Phuture amended its Articles of Incorporation to include bingo, secured PAGCOR’s provisional Grant of Authority (Dec. 5, 2006), and an Award Notice from SM Prime (Jan. 10, 2007).
- February 19, 2007: Filed application for city mayor’s permit to operate bingo at SM City Bacolod; received a “claim slip” due March 16, 2007.
- March 2, 2007: Commenced bingo operations without hard copy permit; AOI further amended Feb. 27, 2007 to make bingo its primary purpose.
- March 3, 2007: City Legal Officer’s agents padlocked the outlet under a Closure Order dated March 2, 2007 for lack of a proper permit and unpaid fees.
- Judicial Proceedings
- RTC (Branch 49, Bacolod City): Dismissed Petition for Mandamus and Damages on March 20, 2007 for lack of merit and denied temporary mandatory injunction; partial reconsideration denied Sept. 6, 2007.
- Court of Appeals (CA): Feb. 27, 2009 Decision—affirmed denial of injunction but reversed dismissal of main action, remanding for damages proceedings; Resolution Oct. 27, 2009 denied reconsideration.
- Supreme Court: Petition for Review on Certiorari under Rule 45 filed by petitioners challenging CA’s remand for damages.
Issues:
- Immunity from Suit
- Whether the City and its officials, exercising permit powers, are immune from suit absent express consent.
- Liability for Damages
- Whether petitioners’ padlocking of respondent’s bingo outlet constitutes a wrongful act giving rise to recoverable damages.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)