Business Permit — DILG Region I opinion letter

Republic of the Philippines DEPARTMENT OF THE INTERIOR AI{D LOCAL GO\TERNMENT Regional Offrce I, City of San Fernando, La Union Telephorre Number (o72) 888 2rca . 7OO 5746 . 888 2289 ' 7OO 27Ol . 7OO 3979 ' 607 1245 www.dilgregionl.com -,.-rn,*,'' . August 16,2013 HON. BEIVJAMIN N. MAGGAY Municipal Mayor Cervantes, Ilocos Sur Dear Mayor Maggay: This refers ro your letter requesting opinion from this office re: "As a Mayor, is it Iegal, binding and ethical for me to issue business permit to operate to operators/drivers of SWs/GT service even their Certificate of Registration has (sic) already expired and did (sic) not renewed by LTO. Likewise to a private vehicle whose registration is a priuate use but operating as a Public Transport Vehicle." Before dwelling on the issues, may we first invite your attention to the provision of the Local Government Code of 1991, particularly sections 444 (b) (3) (iv), to wit: section 444. The chief Executive: Powers, Dutis, Functions and Compensation. - (b) For efficient, effective and economical governance the purpose of which is the general welfare of the municipality and its inhabitants prrrsuant to Secdon 16 of this Code, the municipal mayor shall: (3) Initiate and maximize the generation of resources and revenues, and apply the same to the implementation of development plans, program objectives and priorities as provided for under Section 18 of this Code' particularly those resources and revenues programmed for agro-industrial development and country-wide growth and progress, and relative thereto, shall: (ig Issue licenses and permits and suspend or revoke the same for any violation of the conditions upon which said licenses or permits had been issued, pursuant to law or ordinance; DIIG Opinioa No. 135, kris 2010, datd kpteuhr 29, 2010 citiag Roble '4traste, Inc vs. Hon. Alagncia Villaflor, eLeI.(GR. No. 1285O9, Aagust 22, 206), ptouides that clearly, the pwer of the municipl mayor to issue licenses and peruits is nuoiA on the genenl welfare clause. This delegated plice Power to the LGIIs through is IrcaI chief executives authorizes the lattet to reguhte the use of property or conduct of property rtghts, i.e. business or practice of ptof"oioo, "-oog others, with its territory punuant to conditions prouidd bylaworordinanceforthecommonbenefraofitsinhabiants. At the outset, the municipal mayor has the power to issue licenses and permits on the use of properry or conduct of property rights within its territory. However' not all o%t, tiE - -\-, -\-l rtg t*oo' :ff8 3Y;-. Di\TE ke v RECI EI BY ,.D\t (t{ $$ iRi e''gt /*-l 's\ F- Eil lr(. H \ fibrnre hn h the Ptriliooirie