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    Acebedo Optical Vs CA

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    Sherwin Delfin Cinco
    The document summarizes a Supreme Court case regarding a petitioner who applied for and was granted a business permit by the city mayor of Iligan, subject to conditions prohibiting certain optical services. When the petitioner was found to have violated these conditions, its business permit was cancelled. The court ruled that local governments have delegated police powers to promote public welfare, and city mayors have the authority to grant, impose conditions on, and cancel business permits in accordance with their police powers and applicable laws regarding due process. The court distinguished business permits from professional licenses.

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    Acebedo Optical Vs CA

    Uploaded by

    Sherwin Delfin Cinco
    103 views2 pages
    The document summarizes a Supreme Court case regarding a petitioner who applied for and was granted a business permit by the city mayor of Iligan, subject to conditions prohibiting certain optical services. When the petitioner was found to have violated these conditions, its business permit was cancelled. The court ruled that local governments have delegated police powers to promote public welfare, and city mayors have the authority to grant, impose conditions on, and cancel business permits in accordance with their police powers and applicable laws regarding due process. The court distinguished business permits from professional licenses.

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    The document summarizes a Supreme Court case regarding a petitioner who applied for and was granted a business permit by the city mayor of Iligan, subject to conditions prohibiting certain optical services. When the petitioner was found to have violated these conditions, its business permit was cancelled. The court ruled that local governments have delegated police powers to promote public welfare, and city mayors have the authority to grant, impose conditions on, and cancel business permits in accordance with their police powers and applicable laws regarding due process. The court distinguished business permits from professional licenses.

    Copyright:

    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
    Download as txt, pdf, or txt
    103 views2 pages

    Acebedo Optical Vs CA

    Uploaded by

    Sherwin Delfin Cinco
    The document summarizes a Supreme Court case regarding a petitioner who applied for and was granted a business permit by the city mayor of Iligan, subject to conditions prohibiting certain optical services. When the petitioner was found to have violated these conditions, its business permit was cancelled. The court ruled that local governments have delegated police powers to promote public welfare, and city mayors have the authority to grant, impose conditions on, and cancel business permits in accordance with their police powers and applicable laws regarding due process. The court distinguished business permits from professional licenses.

    Copyright:

    © All Rights Reserved
    Download as TXT, PDF, TXT or read online from Scribd
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    ACEBEDO OPTICAL Co. v.

    CA
    G.R. No. 100152, March 31, 2000

    Police Power as exercised by LGUs, restrictions and qualifications


    Power of city mayor to grant/cancel/revoke business permits
    Granting of business permits vs. granting of permit to practice profession

    FACTS:
    Petitioner applied with the Office of the City Mayor of Iligan for a business
    permit. Permit was therefor issued, subject to certain conditions like prohibition
    of putting up an optical clinic, examining and/or prescribing reading and similar
    optical glasses, etc. When it was found that petitioner violated these conditions,
    its business permit was cancelled.

    ISSUE:
    Whether or not the imposition of special conditions by the public respondents were
    acts ultra vires

    RULING:

    Police Power exercised by LGUs

    Police power as an inherent attribute of sovereignty is the power to prescribe


    regulations to promote the health, morals, peace, education, good order or safety
    and general welfare of the people. The State, through the legislature, has
    delegated the exercise of police power to local government units, as agencies of
    the State, in order to effectively accomplish and carry out the declared objects of
    their creation. This delegation of police power is embodied in the general welfare
    clause of the Local Government Code xxx

    The scope of police power has been held to be so comprehensive as to encompass


    almost all matters affecting the health, safety, peace, order, morals, comfort and
    convenience of the community. Police power is essentially regulatory in nature and
    the power to issue licenses or grant business permits, if exercised for a
    regulatory and not revenue-raising purpose, is within the ambit of this power.

    Power of city mayor to grant business permits

    The authority of city mayors to issue or grant licenses and business permits is
    beyond cavil. It is provided for by law.

    However, the power to grant or issue licenses or business permits must always be
    exercised in accordance with law, with utmost observance of the rights of all
    concerned to due process and equal protection of the law.

    But can city mayor cancel business permits or impose special conditions? As aptly
    discussed by the Solicitor General in his Comment, the power to issue licenses and
    permits necessarily includes the corollary power to revoke, withdraw or cancel the
    same. And the power to revoke or cancel, likewise includes the power to restrict
    through the imposition of certain conditions.

    Did the conditions or restrictions imposed amount to a confiscation of the


    business?

    Distinction must be made between the grant of a license or permit to do business


    and the issuance of a license to engage in the practice of a particular profession.
    The first is usually granted by the local authorities and the second is issued by
    the Board or Commission tasked to regulate the particular profession. A business
    permit authorizes the person, natural or otherwise, to engage in business or some
    form of commercial activity. A professional license, on the other hand, is the
    grant of authority to a natural person to engage in the practice or exercise of his
    or her profession.

    In the case at bar, what is sought by petitioner from respondent City Mayor is a
    permit to engage in the business of running an optical shop. It does not purport to
    seek a license to engage in the practice of optometry as a corporate body or
    entity, although it does have in its employ, persons who are duly licensed to
    practice optometry by the Board of Examiners in Optometry.

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