Title
Acaac vs. Azcuna Jr.
Case
G.R. No. 187378
Decision Date
Sep 30, 2013
PETAL Foundation challenged a municipal ordinance prohibiting unauthorized construction on Capayas Island, claiming vested rights. SC upheld the ordinance, ruling PETAL lacked ownership and failed to secure permits.
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Case Digest (G.R. No. 187378)

Facts:

Background of PETAL Foundation

Petitioner People’s Eco-Tourism and Livelihood Foundation, Inc. (PETAL) is a non-governmental organization founded by Ramonito O. Acaac. It is engaged in ecological conservation, tourism, and livelihood projects in Misamis Occidental. PETAL constructed cottages and a seminar cottage on Capayas Island, a 1,605-square-meter islet, in 1995 and 2001, respectively. These structures were rented out to the public, providing livelihood for its beneficiaries, including Hector Acaac and Romeo Bulawin.

Notices of Illegal Construction

On April 11 and May 20, 2002, respondents Mayor Melquiades D. Azcuna, Jr. and Building Official Marietes B. Bonalos issued Notices of Illegal Construction against PETAL for failing to secure building permits under Presidential Decree No. 1096 (National Building Code of the Philippines). PETAL was ordered to stop construction activities. Despite a Third and Final Notice on July 8, 2002, PETAL failed to comply.

Municipal Ordinance No. 02, Series of 2002

On July 8, 2002, the Sangguniang Bayan of Lopez Jaena adopted Municipal Ordinance No. 02, Series of 2002, which prohibited:

  1. Entry of any entity, association, or organization into sanctuaries.
  2. Construction of structures on the premises without local government authorization.

The ordinance was approved by Mayor Azcuna on July 12, 2002, and submitted to the Sangguniang Panlalawigan (SP) for review. Notices were posted on Capayas Island, declaring it government property and prohibiting ingress and egress.

Notice of Voluntary Demolition

On August 23, 2002, PETAL was served a Notice of Voluntary Demolition for violating the ordinance. Similar notices were issued to individual petitioners on October 25, 2002.

PETAL’s Claims

PETAL filed a case for injunction and damages on October 29, 2002, claiming:

  1. Prior vested rights to occupy Capayas Island since 1961.
  2. A Memorandum of Agreement with predecessors-in-interest for operating the island as a tourism and recreational resort.
  3. The ordinance was invalid due to lack of public consultation, publication, and SP approval.

Respondents’ Defense

Respondents argued that:

  1. Capayas Island is classified as timberland and public domain, not owned by PETAL.
  2. The ordinance was validly enacted, published, and deemed approved by the SP under the Local Government Code (LGC).

Issue:

The primary issue is whether Municipal Ordinance No. 02, Series of 2002, is valid and enforceable against PETAL.

Ruling:

The Supreme Court denied the petition, affirming the Court of Appeals’ decision. The ordinance was deemed valid and enforceable. PETAL failed to prove ownership of Capayas Island or compliance with building permit requirements. The RTC’s order to remove structures without permits was upheld.

Ratio:

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