"Sec. 11. General duties and powers of the mayor . The general duties and powers of the mayor shall be: x x x. (l) To grant and refuse municipal licenses or permits of all classes and to revoke the same for violation of the conditions upon which they were granted, granted , or if acts prohibited by law or municipal ordinances are being committed under the protection of such licenses or in the premises in which the business for which the same hae been granted is carried on, or for any other reason of general interest." (!mphasis supplied) n the other hand, Section #$$ (%) (i) of the &ocal 'oernment ' oernment ode proides: "Sec. #$$. Chief Executive, Powers, Duties and Compensation: Compensation: xxx. (b) or efficient, effectie and economical goernance the purpose of which is the general welfare of the ity and its inhabitants pursuant to Section 1* of this ode, the ity +ayor shall: (%) x x x. (i) Issue licenses and permits and suspend or revoke the same for any violation of the condition upon which said licenses or permits had been issued, pursuant to law or ordinance." ordinance. " (!mphasis supplied) rom the language of the two laws, it is clear that the power of the mayor to issue business licenses and permits necessarily includes the corollary power to suspend, reoe or een refuse to issue the same. -oweer, the power to suspend or reoe these licenses and permits is expressly premised on the iolation of the conditions of these permits and licenses. The laws specifically refer to the "iolation of the condition(s)" on which the licenses and permits were issued. Similarly, the power to refuse to issue such licenses and permits is premised on noncompliance with the prere/uisites for the issuance of such licenses and permits. The mayor must obsere due process in exercising these powers, which means that the mayor must gie the applicant or licensee notice and opportunity to be heard.
entral to the resolution of the case at bar is a reading of Section ###(b)(%)(i) of the &ocal 'oernment ode of 1001, which proides, thus: S!. ###. The hief !xecutie: owers, 2uties, unctions and ompensation. (b) or efficient, effectie and economical goernance the purpose of which is the general welfare of the municipality and its inhabitants pursuant to Section 1* of this ode, the municipal mayor shall: xxxx %) 3nitiate and maximi4e the generation of resources and reenues, and apply the same to the implementation of deelopment plans, program ob5ecties and priorities as proided for under Section 16 of this ode, particularly those resources and reenues programmed for agroindustrial deelopment and countrywide growth and progress, and relatie thereto, shall: xxxx (i) 3ssue licenses and permits and suspend or reoe the same for any iolation of the conditions upon which said licenses or permits had been issued, pursuant to law or ordinance. 7s Section ###(b)(%)(i) so states, the power of the municipal mayor to issue licenses is pursuant to Section 1* of the &ocal 'oernment ode of 1001, which declares: S!. 1*. 'eneral 8elfare. 9 !ery local goernment unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effectie goernance, and those which are essential to the promotion of the general welfare. 8ithin their respectie territorial 5urisdictions, local goernment units shall ensure and support, among other things, the preseration and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the deelopment of appropriate and selfreliant scientific and technological capabilities, improe public morals, enhance economic prosperity and social 5ustice, promote full employment among their residents, maintain peace and order, and presere the comfort and conenience of their inhabitants. Section 1*, nown as the general wel fare clause, encapsulates the delegated police power to local goernments. &ocal goernment units exercise police power through their respectie legislatie bodies. !idently, the &ocal 'oernment ode of 1001 is une/uiocal that the municipal mayor has the power to issue licenses and permits and suspend or reoe the same for any iolation of the conditions upon which said licenses or permits had been issued, pursuant to law or ordinance. x x x 1âwphi1
xxxx Section ###(b)(%)(i) of the &ocal 'oernment ode of 1001, whereby the power of the respondent mayor to issue license and permits is circumscribed, is a manifestation of the delegated police power of a municipal corporation. ecessarily, the exercise thereof cannot be deemed ministerial. 7s to the /uestion of whether the power is alidly exercised, the matter is within the proince of a writ of certiorari, but certainly, not of mandamus. 1$ (itations omitted)
+ayor;s ermit < =usiness ermit +ayor;s permit is sometimes referred to as business permit, since it is processed in the office of the mayor. Since all cities hae different ordinances, securing a mayor;s permit ensures that your business is safe to operate under your city;s ordinance. Tae note that receiing a mayor;s permit can only be done after registering your business with 2T3 (for selfemployed indiiduals) and Securities and !xchange ommission (S!> for corporations and partnerships). +ayor;s permit needs to be renewed annually.
=usiness permits regulate safety, structure and appearance of the business community. They act as proof that your business follows certain laws and ordinances. ?e/uirements ary by 5urisdiction, and failure to comply often results in fines or een haing your business shut down. ?esearch the permits you need before you start any wor, setup or property purchase. That way, you can mae sure compliance is in order and aoid the additional expenses and delays of fixing things later.
A Mayor’s Permit (or Business Permit) is a document issued to any person who shall establish, operate or conduct any business, trade or activity within the city. Such document is approved only after submission of preliminary reuirements, payment of necessary ta!es and fees imposed thereon, and upon approval of the di"erent si#natories stated in the application form for business permit. Additional reuirements may be reuired especially for those businesses which reuire re#istration$clearance$authori%ation$certi&cation from certain re#ulatin# national #overnment a#encies. 'ri#inal copy of basic reuirements must be presented for veri&cation purposes. Businesses with complete documents or complied all the reuirements durin# the Business Mappin# will be #iven preference in the processin# of Mayor’s or Business Permit. Processin# of Business$Mayor’s Permit will be undertaen only by the business owner himself$herself or by his$her duly authori%ed representative. See more at* http*$$oronadal.#ov.ph$#overnment$city
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Any individual$entity who wants to start or who will conduct business, activity or trade within the city must apply for a Mayor1s Permit to operate and pay correspondin# dues 2 fees.
Securin# or renewin# of a Business or Mayor’s Permit can be uiet stressful for some entrepreneurs especially if the fee char#ed is e!cessive and iniuitous. But the payment of it cannot be dispensed with since it is imposed pursuant to the police power dele#ated to the 3ocal 4overnment 5nit (345) under the #eneral welfare clause of 3ocal 4overnment 6ode (7A 89:0).
-he fee char#ed is oftentimes mistaen as ta!. ;t is rather a 3;6?@ of the /ational ;nternal 7evenue 6ode.
;t is a ind of nonta! revenue since it partaes of the nature of revenue of an 345 that is not #enerated from ta!. -he fee char#ed is undeniably to cover the e!penses for supervision, inspection and control by the #overnment as held in the case of -he 6ity of '%ami% vs. 3umapas and =on. Marave 4.7. /o. 308>8 Culy 9?, 9D8?.
