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ROLANDO N. CANET v. MAYOR JULIETA A. DECENA

FACTS:

The Sangguniang Bayan of Bula, Camarines Sur passed Resolution No. 049, Series of 1998, authorizing petitioner Rolando Canet to establish a cockpit in Sitio Cabaya, San Roque, Bula, Camarines Sur. Subsequently, the Sangguniang Bayan passed Ordinance No. 001, Series of 1999, regulating the operation of cockpits and other related activities in the Municipality of Bula. However, Mayor Julieta Decena noted that the ordinance lacked rules and regulations on cockfighting and other related game fowl activities, as well as a separability clause. The ordinance was returned to the Sangguniang Bayan, and it resolved to withdraw, set aside, and shelf it indefinitely. Petitioner, relying on Resolution No. 049, filed an application for a mayor's permit to operate a cockpit, but Mayor Decena denied it, stating that the authority to grant licenses for cockpits and regulate cockfighting is vested in the Sangguniang Bayan. Petitioner filed a complaint for mandamus and damages, which the trial court denied the motion to dismiss. The trial court issued a writ of preliminary mandatory injunction, which was later annulled and set aside by the Court of Appeals. Petitioner filed a motion for reconsideration, which was denied. Hence, this petition for review. The core issue is whether Mayor Decena can be compelled to issue a business permit without a municipal ordinance empowering her to do so.

ISSUES:

  1. Whether or not the respondent Mayor can be compelled to issue a business permit to the petitioner absent a municipal ordinance.

RULING:

  1. The Supreme Court held that the respondent Mayor cannot be compelled to issue the necessary business permit to the petitioner absent a municipal ordinance authorizing her to do so. The power to give licenses for the establishment, operation, and maintenance of cockpits, as well as the regulation of cockfighting and commercial breeding of gamecocks, is vested in the Sangguniang Bayan. In this case, there was no ordinance passed by the Sangguniang Bayan authorizing the issuance of the permit, thus the respondent Mayor cannot issue it.

PRINCIPLES:

  • The power to give licenses for the establishment, operation, and maintenance of cockpits, as well as the regulation of cockfighting and commercial breeding of gamecocks, is vested in the Sangguniang Bayan, and not in the Mayor.

  • A business permit cannot be issued without a municipal ordinance authorizing its issuance.