Case Digest (G.R. No. 197559)
Facts:
Leo Bernardez, Jr. v. City Government of Baguio, G.R. No. 197559, March 21, 2022, Supreme Court Second Division, Hernando, J., writing for the Court.
Petitioner Leo C. Bernardez, Jr. (then City Engineer) sought annulment of Administrative Order No. 171, Series of 2004 (AO 171), issued by Braulio D. Yaranon, then Mayor of the City Government of Baguio, which designated Engr. Oscar V. Flores as Acting Building Official pending formal appointment to head the newly created Building and Architecture Office (CBAO); respondents included the City Council, the City Treasurer (Thelma Manaois), the Acting City Building Official (Oscar Flores), and later the Secretary of the Department of Public Works and Highways (DPWH) was impleaded.
The factual background began with Ordinance No. 01, Series of 2004, by the Sangguniang Panlungsod appropriating funds for a partial reorganization/restructuring of city departments. Pursuant to that ordinance, Mayor Yaranon issued AO 171 on September 9, 2004 to designate a temporary Acting Building Official to address a backlog of building-permit applications under PD 1096 (the National Building Code). Petitioner, who asserted that as City Engineer he concurrently served as local Building Official under Section 477, LGC, filed a complaint on December 1, 2004 in the Regional Trial Court (RTC), Branch 6, Baguio City, seeking nullification of AO 171 and injunctive relief.
The RTC initially granted a temporary restraining order which was later lifted; it denied petitioner's application for a writ of preliminary mandatory injunction and denied his motion to dismiss. After trial, the RTC in a May 8, 2009 Decision dismissed petitioner’s complaint, holding, among others, that the validity of Ordinance No. 01 could not be collaterally attacked, that AO 171 was issued pursuant to the Local Government Code (LGC), that petitioner was estopped and had failed to exhaust administrative remedies, and that the matter had become moot after Flores was subsequently appointed Department Head of the CBAO.
The Court of Appeals (CA) affirmed in a January 31, 2011 Decision (denying petitioner’s appeal) and denied reconsideration in a June 22, 2011 Resolution. The CA held that creation/appointment of a Building Official separate from the City Engineer was authorized under the LGC and the Implementing Rules and Regulations (IRR) of the...(Subscriber-Only)
Issues:
- Is petitioner’s action procedurally barred by estoppel or for failure to exhaust administrative remedies?
- Should Administrative Order No. 171 be nullified as contrary to law?
- Does Section 477(a), LGC prohibit the creation of a separate local Building Official distinct from the City Engineer?
- Does Rule II, Section 203 of the IRR of PD 1096 (the NBC) authorize appointment of a separate Building Official and vest the Secretary of DPWH wit...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)