THE MAYOR OF THE CITY OF DUMAGUETE, PETITIONER, VS. HON. ALEJANDRO R. BONCAROS, PRESIDING JUDGE OF THE COURT OF FIRST INSTANCE OF NEGROS ORIENTAL, AND S.L. TEVES, INCORPORATED, …

This is a petition to review the decision of the Court of First
Instance of Negros Oriental, Branch V, in Civil Case
No. 6321, dated September 29, 1976.

The record discloses that on September 22, 1975, the private respondent
S.L. Teves, Inc., filed with the Court of First
Instance of Negros Oriental, Branch V, presided by
respondent Judge Alejandro R. Boncaros, a petition
for mandamus^[1] to compel the petitioner Mayor of Dumaguete City to issue the former a Mayor’s Permit to
operate the “Park” and “Town” theaters.

In due time, the
petitioner filed his answer,^[2] and, after the usual admissions and denials,
interposed several affirmative defenses.

After due hearing, the
respondent Judge rendered a decision,^[3] dated September 29, 1976, the dispositive
portion of which reads:

“WHEREFORE, the
Honorable City Mayor of Dumaguete City is
hereby ordered to issue a permit to the petitioner to operate the Park and Town
theaters covering the period July 31 to December 31, 1975 after payment of the required permit
fee and amusement tax.

“SO ORDERED.”

Whereupon, the petitioner
instituted before this Court the present petition, claiming among others that
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 Local Tax Code of the City of Dumaguete^[4]
after said Section shall have been complied with.^[5]

Thereafter, the private respondent S.L. Teves,
Inc. filed its comment^[6]
on the petition on March 30, 1977,
and the petitioner, his reply^[7]
thereto on June 7, 1977.

In its comment the private respondent S.L. Teves,
Inc., claims that the present case is now moot and academic because the
petitioner Mayor of Dumaguete City had already issued
the permit prayed for in the petition for mandamus in Civil Case No.
6321 as shown by the certified true copy of the Mayor’s Permit, and the
certified true copy of the payment of
the required fees, both attached to the private respondent’s comment.^[8] This is admitted by the petitioner in his
reply.  Since the petitioner Mayor of Dumaguete City already issued the permit for the petitioner
to operate the Park and Town theaters, this case has in­deed become moot and
academic.

ACCORDINGLY, the instant petition should be, as it is
hereby dismissed.

SO ORDERED.

Fernando, (Chairman), Barredo,
Antonio, Aquino, and Santos,
JJ., concur.

^[1]
Annex ”A”, p. 9, Rollo.

^[2]
Annex “B”, p. 18, Rollo.

^[3]
Annex “F”, p. 30, Rollo.

^[4]
The said Section reads as follows: 
“It shall be unlawful for any person or en­tity to conduct or
engage in any busi­nesses, trade or occupation enumerated herein for which a
permit is required for the proper supervision and enforce­ment of existing laws
and ordinances governing the sanitation, security and welfare of the public and
health of the employees engaged in the business spe­cified herein without first
having obtained a permit therefor from the City Mayor
and the necessary fees paid to the City Treasurer.”

^[5]
p. 4, Rollo.

^[6]
p. 106, Rollo.

^[7]
p. 115, Rollo.

^[8] pp. 110, 111, Rollo.