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MOP, Bk 6, v.5, 384
[ ADMINISTRATIVE ORDER NO. 261, December 29, 1953 ]
DISMISSING THE CHARGES AGAINST CITY MAYOR ARSENIO H. LACSON OF MANILA
This is an administrative case against City Mayor Arsenio H. Lacson of Manila filed by Eusebio S. Millar for abuse of authority and oppression in connection with the issuance to the Ramcar, Inc., of a permit to operate a garage and auto repair shop at 1377 General Luna, Manila, and his refusal to order the closing of said business allegedly located in an improper zone and constituting a nuisance. The charges were investigated by the Integrity Board which recommends their dismissal for lack of merit, etc.
It appears that when the City Fiscal and the City Engineer of Manila were requested by the respondent to inform him as to the legality and propriety of issuing a license and permit to Ramcar, Inc., to operate a garage and motor vehicle repair shop at 1377 General Luna, Manila, said officials rendered conflicting opinions, and the respondent chose to follow the opinion of the City Engineer to the effect that “a garage with or without an accompanying shop for automotive vehicle is a permissible business in a commercial zone * * *.” For having done so in the exercise of his discretion, the respondent cannot be said to have acted with abuse of power and authority. Whether the operation of a garage and motor vehicle repair shop constitutes a public or private nuisance and should be removed or abated, the remedy lies elsewhere than in this office.
In view of the foregoing, and upon the recommendation of the Integrity Board, the charges against Mayor Arsenio H. Lacson are hereby dismissed.
Done in the City of Manila, this 29th day of December, in the year of Our Lord, nineteen hundred and fifty-three, and of the Independence of the Philippines, the eighth.
By the President:
(Sgd.) MARCIANO ROQUE
Acting Executive Secretary
It appears that when the City Fiscal and the City Engineer of Manila were requested by the respondent to inform him as to the legality and propriety of issuing a license and permit to Ramcar, Inc., to operate a garage and motor vehicle repair shop at 1377 General Luna, Manila, said officials rendered conflicting opinions, and the respondent chose to follow the opinion of the City Engineer to the effect that “a garage with or without an accompanying shop for automotive vehicle is a permissible business in a commercial zone * * *.” For having done so in the exercise of his discretion, the respondent cannot be said to have acted with abuse of power and authority. Whether the operation of a garage and motor vehicle repair shop constitutes a public or private nuisance and should be removed or abated, the remedy lies elsewhere than in this office.
In view of the foregoing, and upon the recommendation of the Integrity Board, the charges against Mayor Arsenio H. Lacson are hereby dismissed.
Done in the City of Manila, this 29th day of December, in the year of Our Lord, nineteen hundred and fifty-three, and of the Independence of the Philippines, the eighth.
(Sgd.) ELPIDIO QUIRINO
President of the Philippines
President of the Philippines
By the President:
(Sgd.) MARCIANO ROQUE
Acting Executive Secretary