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    SUMMARY. Austin Hardware V CA

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    Chris.
    This case discusses whether the revocation of licenses and permits for Austin-Hardware, Inc. and All Steel Products, Inc. violated their procedural due process rights. The licenses and permits allowed the companies to operate businesses manufacturing hardware and steel products in a residential zone in San Juan, Rizal. However, a zoning ordinance prohibited commercial or industrial establishments in residential zones unless designated otherwise. As the businesses were located in a residential zone, the municipal mayor validly cancelled the licenses and permits to enforce the zoning ordinance and protect public welfare.

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    SUMMARY. Austin Hardware V CA

    Uploaded by

    Chris.
    47 views2 pages
    This case discusses whether the revocation of licenses and permits for Austin-Hardware, Inc. and All Steel Products, Inc. violated their procedural due process rights. The licenses and permits allowed the companies to operate businesses manufacturing hardware and steel products in a residential zone in San Juan, Rizal. However, a zoning ordinance prohibited commercial or industrial establishments in residential zones unless designated otherwise. As the businesses were located in a residential zone, the municipal mayor validly cancelled the licenses and permits to enforce the zoning ordinance and protect public welfare.

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    SUMMARY. Austin Hardware v CA

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    This case discusses whether the revocation of licenses and permits for Austin-Hardware, Inc. and All Steel Products, Inc. violated their procedural due process rights. The licenses and permits allowed the companies to operate businesses manufacturing hardware and steel products in a residential zone in San Juan, Rizal. However, a zoning ordinance prohibited commercial or industrial establishments in residential zones unless designated otherwise. As the businesses were located in a residential zone, the municipal mayor validly cancelled the licenses and permits to enforce the zoning ordinance and protect public welfare.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    47 views2 pages

    SUMMARY. Austin Hardware V CA

    Uploaded by

    Chris.
    This case discusses whether the revocation of licenses and permits for Austin-Hardware, Inc. and All Steel Products, Inc. violated their procedural due process rights. The licenses and permits allowed the companies to operate businesses manufacturing hardware and steel products in a residential zone in San Juan, Rizal. However, a zoning ordinance prohibited commercial or industrial establishments in residential zones unless designated otherwise. As the businesses were located in a residential zone, the municipal mayor validly cancelled the licenses and permits to enforce the zoning ordinance and protect public welfare.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    SUMMARY: AUSTIN-HARDWARE, INC. VS.

    COURT OF APPEALS 

    ISSUE:
     
    Whether or not the revocation of their licenses or permits violated the
    requirements of procedural due process because the investigation which led to
    the revocation of their licenses/permits was not to determine the presence of a
    ground for revocation, namely, violation of a zonification ordinance of San
    Juan, but an alleged nuisance produced by their operations? 

    The power to license necessarily carries with it the authority to provide


    reasonable terms and conditions under which the licensed business shall be
    conducted.

    The authority which grants the license always retains the power to revoke it,
    "either for cause of forfeiture or upon a change of policy and legislation
    touching on the subject, as may be seen in the following terms/conditions:

    -In the case at bar, the permit issued to the Austin Hardware Company,
    Inc. and the All Steel Products, Inc. was granted subject to the
    provisions of existing ordinances.

    -Likewise, petitioners' permit to construct a warehouse at 115 L.K.


    Santos St., San Juan, Rizal was subject to the condition that its
    construction or use will not conflict with the provisions of the zoning
    ordinance, otherwise the construction will be removed by the
    government at the expense of the permitee or licensee.

    The business establishments of petitioners were situated within the residential zone.

    The issuance of a license or permit in favor of the petitioners appears violative of Section 2 of
    Municipal Ordinance No. 90, Series of 1968, of San Juan, which provides that "No building
    permit, business license, or any other certificate of approval shall be issued by the municipality
    for commercial or industrial establishments which shall be erected, operated, and maintained
    within any residential zone, unless the site has been or so declared as commercial or industrial
    zone in the municipal council."
    For this reason the Municipal Mayor of San Juan cancelled or revoked

    (a) the business license of the Austin Hardware Company, Inc. dated September 8, 1969
    as general hardware manufacturer;

    (b) the business license of the All Steel Products, Inc. dated July 7, 1970 as manufacturer
    of steel products; and

    (c) the permit to operate issued ' to All Steel Products, Inc. dated January 31, 1973 for
    steel manufacturing.

    The obvious purpose of zoning is the enforcement of the general welfare of the populace i.e.,
    the protection of public safety, health, convenience and welfare, it would have been
    inconsistent with such purpose to have allowed the operation of petitioners' manufacturing
    business in a residential zone.  
     

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