Secretary of justice in reviewing a prosecutors order

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Secretary of Justice in reviewing a prosecutor’s order or resolution via appeal or petition for review cannot be considered a quasi-judicial proceeding. This is reiterated in our ruling in Spouses Balangauan v. Court of Appeals, Special 19th Division, Cebu City (G.R. No. 174350, August 13, 2008, 562 SCRA 184), where we pointed out that a preliminary investigation is not a quasi-judicial agency exercising a quasi-judicial function when it reviews the findings of a public prosecutor regarding the presence of probable cause. A quasi-judicial agency.
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POLITICAL LAW CASE DIGESTS 23 JULY 2012 RIMANDO v. NAGUILLIAN EMISSION TESTING CENTER, INC. G.R. No. 198860, July 23, 2012 Second Division, Reyes, J. DOCTRINE: Local government; Delegated police power; Grant of business permits; A mayor cannot be compelled by mandamus to issue a business permit since the exercise of the same is a delegated police power hence, discretionary in nature. DIGEST: Before us is a petition for review on certiorari under Rule 45 of the Rules of Court seeking to annul and set aside Decision dated March 30, 2011 of the Court of Appeals (CA) in CA G.R. SP NO. 112152. The present controversy stemmed from a petition for mandamus and damages filed before Branch 67 of the Regional Trial Court (RTC) of Bauang, La Union, by Naguilian Emission Testing Center, Inc., represented by its President Rosemarie Liarenas (respondent) against Abraham P. Rimando (petitioner) who, at the time material to the case, was the sitting mayor of the Municipality of Naguilian, La Union. The petition prayed for the issuance of a writ of mandamus to compel the petitioner to issue a business permit in favor of the respondent. We agree with the CA that the petition for mandamus has already become moot and academic owing to the expiration of the period intended to be covered by the business permit. An issue or a case becomes moot and academic when it ceases to present a justiciable controversy so that a determination thereof would be without practical use and value or in the nature of things, cannot be enforced. In such cases, there is no actual substantial relief to which the applicant would be entitled to and which would be negated by the dismissal of the petition. As a rule, courts decline jurisdiction over such case, or dismiss it on the ground of mootness. The objective of the petition for mandamus to compel the petitioner to grant a business permit in favor of respondent corporation for the period of 2008 and 2009 has already been superseded by the passage of time and the expiration of the petitioners term as mayor. Verily then, the issue as to whether or not the petitioner, in his capacity as mayor, may be compelled by a writ of mandamus to release the respondents business permit ceased to present a justiciable controversy such that any ruling thereon would serve no practical value. Should the writ be issued, the petitioner can no longer abide thereby; also, the effectivity date of the business permit no longer subsists.
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