imposed in the preceding section shall be paid to the City Treasurer upon application for a Mayor’s Permit before any business or activity can commence and within the first twenty (20) days of January of each year in case of renewal thereof. 14 Rollo , p. 27. 15 Id. , at p. 48. 16 Id. , at pp. 143-160. Rendered by Presiding Judge Ramon D. Delariarte.
8/29/2019 SUPREME COURT REPORTS ANNOTATED 851 13/32 331 VOL. 851, JANUARY 17, 2018 331 City of Bacolod vs. Phuture Visions Co., Inc. In view of the foregoing disquisitions, it follows that the prayer for issuance of a temporary mandatory order prayed for must be denied. WHEREFORE, in the light of all the foregoing discussions, the instant petition is ordered DISMISSED for lack of merit, without prejudice to filing an application of a Mayor’s Permit specifically for bingo operation. Respondents’ counterclaim is ordered DISMISSED, without prejudice to filing appropriate action with a court of competent jurisdiction. Without pronouncement as to costs. SO ORDERED. 17 Phuture filed an Urgent Motion for Partial Reconsideration on April 2, 2007, but the same was denied by the RTC in its Order dated September 6, 2007. 18 Thus, respondent elevated the matter to the CA on appeal. 19 Ruling of the Court of Appeals In the assailed Decision dated February 27, 2009, the CA partially granted the appeal by affirming the trial court’s denial of the application for a temporary mandatory order but reversing the dismissal of the suit for
8/29/2019 SUPREME COURT REPORTS ANNOTATED 851 14/32 damages and ordering the case to be reinstated and remanded to the court of origin for further proceedings. The dispositive portion of the assailed Decision reads: WHEREFORE , based on the foregoing premises, the appeal is PARTLY GRANTED . The Decision of Branch 49 of the Regional Trial Court of Bacolod City dated 20 March 2007 and Order dated 06 September 2007, denying the application for a Temporary Mandatory Order is AFFIRMED . The dismissal of the main ac- _______________ 17 Id. , at p. 159. 18 Id. , at p. 160. 19 Id. , at pp. 161-162. 332 332 SUPREME COURT REPORTS ANNOTATED City of Bacolod vs. Phuture Visions Co., Inc. tion is REVERSED and is hereby REINSTATED and REMANDED to the court of origin for further proceedings. SO ORDERED. 20
8/29/2019 SUPREME COURT REPORTS ANNOTATED 851 15/32 The CA pronounced that the issue of whether the RTC erred in dismissing the prayer for temporary mandatory order for the removal of the padlock allegedly installed illegally at respondent’s place of business at SM Bacolod, as well as the prayer ordering petitioners to allow respondent to conduct unhampered bingo operations during the pendency of the case, had already been rendered moot since, with the onset of another year, it was necessary to apply for another business permit with the Mayor’s Office.
- Winter '17
- Supreme Court of the United States, Appellate court, SM Prime Holdings, SM City Bacolod