CASE 2017-0026– HON. MYLYN P. CAYABYAB, IN HER CAPACITY AS THE MUNICIPAL MAYOR OF LUBAO, PAMPANGA AND ANGELITO L. DAVID, IN HIS CAPACITY AS THE BARANGAY CHAIRMAN OF PRADO SIONGCO, LUBAO, PAMPANGA, REPRESENTED BY THEIR ATTORNEY-IN-FACT, EMMANUEL SANTOS VS. JAIME C. DIMSON, REPRESENTED BY HIS ATTORNEYS-IN-FACT, CARMELA R. DIMSON AND IRENE R. DIMSON (G.R. NO. 223862, 1O JULY 2017, PERLAS-BERNABE, J.) (SUBJECT/S: CLEAR LEGAL RIGHT AS BASIS OF CERTIORARI; ACTS OF PUBLIC OFFICERS PRESUMED REGULAR) (BRIEF TITLE: MAYOR CAYABYAB VS. JAIME C. DIMSON).
DISPOSITIVE:
“WHEREFORE, the petition is GRANTED. The Decision dated December 18, 2015 and the Resolution dated March 21, 2016 of the Court of Appeals in CA-G.R. SP No. 138699 are hereby SET ASIDE.
SO ORDERED.’
SUBJECTS/DOCTRINES/DIGEST:
CAN YOU OPERATE A BUSINESS MERELY BECAUSE THE BUSINESS IS LEGITIMATE IN NATURE?
NO. YOU MUST FIRST OBTAIN A BUSINESS PERMIT FROM THE MUNICIPALITY OR CITY.
“A business permit must be secured from the municipal business permits and licensing office in order for the business to legally operate in the locality.41 While poultry farming is admittedly a legitimate business, it cannot operate without a business permit, which expires on the 31st of December of every year and must be renewed before the end of January of the following year.”
IN THIS CASE COMPLAINTS FROM NEIGHBORING BARANGAYS WERE RECEIVED BY THE OFFICE OF MAYOR CAYABYAB BEWAILING THE FOUL ODOR COMING FROM THE SAID FARM, 42 WHICH WAS CONFIRMED UPON OCULAR INSPECTION CONDUCTED BY THE HEALTH AND SANITATION OFFICE OF THE MUNICIPALITY OF LUBAO, PAMPANGA. IS THE OCULAR INSPECTION FINDING VALID?
YES. SETTLED IS THE RULE THAT ACTS OF PUBLIC OFFICERS ARE PRESUMED TO BE REGULAR AND VALID, UNLESS SUFFICIENTLY SHOWN TO BE OTHERWISE.
“In the present case, there is no showing that Dimson filed any application for renewal of his business permit to operate the subject poultry farm in 2014, apparently due to his failure to secure the necessary barangay clearance which was not issued based on complaints of foul odor being emitted by the said farm. Records show that complaints from neighboring barangays were received by the office of Mayor Cayabyab bewailing the foul odor coming from the said farm, 42 which was confirmed upon ocular inspection conducted by the Health and Sanitation Office of the Municipality of Lubao, Pampanga.43 Settled is the rule that acts of public officers are presumed to be regular and valid, unless sufficiently shown to be otherwise.44 In this case, Dimson was unable to refute the finding that foul odor is being emitted by his farm, having failed to present the inspection report of the sanitary officer who purportedly did not note any such foul smell in the fann.45 Not having passed the necessary sanitation standard, there was, therefore, a prima facie valid reason for the withholding of the required barangay clearance, which is a prerequisite to the renewal of Dimson’s business permit to operate.
Having failed to apply for and secure the necessary business pennit to operate in 2014 on account of his inability to obtain the required barangay clearance due to non-compliance with a requirement standard,46 Dimson may not legally operate in the Municipality of Lubao, Pampanga, thereby, warranting the issuance by Mayor Cayabyab of the CDO and the Closure Order. Accordingly, no error, much less grave abuse of discretion can be ascribed on the RTC in denying Dimson’s application for the issuance of a TRO against the said orders. In the absence of a business permit, Dimson has no clear legal right to resume his operations pending final determination by the RTC of the merits of the main case for certiorari, mandamus, and prohibition. A clear legal right means one clearly founded in or granted by law or is enforceable as a matter of law, which is not extant in the present case. It is settled that the possibility of irreparable damage without proof of an actual existing right is not a ground for the issuance of an injunctive.”
TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.
NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH JUST TYPE “jabbulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST TYPE “jabbulao and forum shopping”.
J.A.B. Bulao & Associates 