Mayor of Dumaguete City v. Boncaros
REITERATIONFacts
1. The Antecedents: The underlying dispute concerns the issuance of a Mayor's Permit for the operation of the "Park" and "Town" theaters by S.L. Teves, Incorporated. The City Mayor of Dumaguete City was petitioned to issue this permit. 2. Procedural History: S.L. Teves, Incorporated filed a petition for mandamus with the Court of First Instance of Negros Oriental, Branch V, seeking to compel the Mayor of Dumaguete City to issue the required Mayor's Permit for the operation of its theaters for the period of July 31 to December 31, 1975. After the Mayor filed an answer and affirmative defenses, the respondent Judge rendered a decision ordering the issuance of the permit upon payment of the required fees and taxes. 3. The Petition: The Mayor of Dumaguete City, as petitioner, filed a petition for review with the Supreme Court, arguing that the respondent Judge erred in ruling that the City Mayor lacks discretion in issuing permits under Section 6 of Ordinance No. 79, series of 1974, after compliance with its provisions. However, the private respondent noted that the permit had already been issued and fees paid, rendering the case moot, which the petitioner admitted.
Issue(s)
Whether the respondent Judge erred in declaring that the City Mayor of Dumaguete City does not have the power to exercise discretion in the issuance of a permit under Section 6 of Ordinance No. 79, series of 1974, after compliance with the necessary requirements. Whether the case has become moot and academic.
Ruling
The petition is dismissed. The case has become moot and academic because the petitioner Mayor of Dumaguete City had already issued the permit prayed for in the petition for mandamus.
Ratio Decidendi
On Whether the respondent Judge erred in declaring that the City Mayor of Dumaguete City does not have the power to exercise discretion in the issuance of a permit under Section 6 of Ordinance No. 79, series of 1974, after compliance with the necessary requirements: The Court did not directly rule on the Mayor's discretion. The petition was dismissed on the ground of mootness. The core of the original dispute revolved around the Mayor's alleged lack of discretion in issuing permits under the cited ordinance. However, the subsequent events rendered a definitive ruling on this specific point unnecessary for the resolution of the case before the Supreme Court. On Whether the case has become moot and academic: The Court found that the case had indeed become moot and academic. This was based on the admission by the petitioner that the Mayor of Dumaguete City had already issued the permit prayed for in the petition for mandamus. The issuance of the permit, which was the subject of the original mandamus case, meant that the controversy was already settled. Therefore, any further adjudication by the Supreme Court on the matter would serve no practical purpose and would be merely academic.
Main Doctrine
A petition for review will be dismissed if the issues raised therein have become moot and academic due to supervening events that have already resolved the dispute between the parties. In this case, the issuance of the Mayor's Permit after the filing of the petition for mandamus rendered the issue of whether the Mayor had discretion in issuing the permit moot.