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The Iloilo City Zoning Board of Adjustment and Appeals, et al Vs. Gegato-Abecia Funeral

THE ILOILO CITY ZONING BOARD OF ADJUSTMENT AND APPEALS and THE CITY GOVERNMENT OF ILOILO, represented by HON. CITY MAYOR JERRY P. TRE?AS, petitioners, vs. GEGATO-ABECIA FUNERAL HOMES, INC., represented by its Attorney-In-Fact, DANIEL FAJARDO, respondent.

G.R. No. 157118 | 2003-12-08

D E C I S I O N


YNARES-SANTIAGO, J.:

This is a petition for review under Rule 45 of the Rules of Court assailing the December 19, 2002 Order[1] of the Regional Trial Court of Iloilo City, Branch 29 in Civil Case No. 02-27308 which granted the issuance of a writ of mandamus directing the City Government of Iloilo to issue a permit to operate a funeral establishment in favor of respondent Gegato-Abecia Funeral Homes, Inc.

The undisputed facts show that on May 2, 2001, the City Council of Iloilo enacted Zoning Ordinance No. 2001-072[2] which was duly ratified by the Housing and Land Use Regulatory Board (HLURB). Section 41 (3)(d) of said...