Rimando vs.

Naguilian Emission Testing Center ISSUE: W/N a writ of mandamus to compel Mayor Rimando to issue a
G.R. L-3087-88 | July 23, 2012 business license to Naguilian Emission Testing Center should have
been issued by the court.
DOCTRINE: A mayor cannot be compelled by mandamus to issue a business RULING: No. A mayor cannot be compelled by mandamus to issue a
permit since the exercise of the same is a delegated police power, hence business permit since the exercise of the same is a delegated police
discretionary in nature. power, hence discretionary in nature.
i. This was the pronouncement of the Court in Roble
FACTS: Naguilian Emission Testing Center, Inc. was operating an emission Arrastre, Inc. v. Hon. Villaflor, where a determination
testing center in Naguilian, La Union (surprise!) on land owned by the was made on the nature of the power of a mayor to
government, but was subsequently declared alienable and disposable by the grant business permits under the Local Government
DENR. From 2005 to 2007, the business operated without any problem. In Code.
2008, the business applied for a renewal of its business license and paid ii. The Court in that case held that such power to grant
the fees therefor. Abraham Rimando, mayor of Naguilian, La Union, permits is a manifestation of delegated police power.
refused to issue the license until the business executes a contract of Necessarily, the exercise thereof cannot be deemed
lease with the Municipality of Naguilian. The business was amenable to ministerial.
this condition, subject to some proposed revisions. (What these revisions were iii. The proper remedy is a writ of certiorari, not
was not mentioned in the case.) However, these revisions were not mandamus.
acceptable to the Mayor. A petition for mandamus was filed by the iv. The grant of such power under the Local Government
business with the RTC against the Mayor. Code is found in Sec. 444. Such section states that the
The RTC denied the petition, based on the following findings: municipal mayor’s power to issue licenses is
a. That the Municipality of Naguilian was the declared owner of the pursuant to Sec. 16 of the same law. Section 16 of
subject property as evidenced by the tax declaration over the the LGC is the general welfare clause, which
property; encapsulates the delegated police power to local
b. Under Sec. 6A.01 of the Revenue Code, the municipality has the governments. This is exercised through their
right to require petitioner to sign a contract of lease; and respective legislative bodies.
c. A mayor’s duty to issue business permits is discretionary in
nature.
The Court of Appeals, while declaring the issue moot and academic since
the period for which the business permit was sought (year 2008) had already
lapsed, and Mayor Rimando’s term had already ended. Nonetheless, it
proceeded to rule on the merits and found that the issuance of a write of
mandamus was justified. It reversed and set aside the ruling of the RTC.
d. The CA held that the tax declaration was insufficient basis
to require the execution of a contract of lease as a sine qua
non condition for the issuance of a business permit.
e. Also, the resolution of the Sangguniang Panlalawigan
(2007-81), upon which the mayor anchored his imposition
of rental fees, was void for its failure to comply with the
requirements of the Local Government Code. (the case fails
to mention which requirements)
f. The mayor, however, may not be held liable for damages as
his refusal was done in the performance of official duties.