Case Digest (G.R. No. L-5559)
Facts:
This is Anacleto Bernardino and Baltasara Zaplan v. The Provincial Governor of Cavite and the Provincial Board of Cavite, G.R. No. 5559, October 07, 1910, the Supreme Court, Moreland, J., writing for the Court.
The plaintiffs built a bamboo fence across a small way (described as an alleged callejon) that traversed land they claimed to own in the barrio of San Rafael, municipality of Cavite. Neighbors had previously been permitted to pass over the locality for convenience, but the plaintiffs decided to enclose the portion within their property and to stop that permissive use.
Respondents — the Provincial Governor and the Provincial Board of Cavite — supported the local residents’ claim that the way was a public street used as a highway for over fifty years. Acting under a resolution of the provincial board, the governor tore down the fence erected by the plaintiffs to reopen the way. The plaintiffs rebuilt the fence; fearing a repeat removal, they commenced an action of prohibition against the governor and the provincial board and obtained a preliminary injunction to restrain further interference.
The provincial board defended its conduct on two grounds: (1) that the way was a public highway and thus subject to action to keep it open, and (2) that the fence obstructed the flow of surface waters to the bay, causing stagnation and an alleged public-health nuisance within the village. The Court below (trial forum not identified in the record) entertained the petition for prohibition and injunction, and the matter came before the Supreme Court for final disposition. The parties disputed whether the provincial authorities had statutory power to tear dow...(Pro-only)
Issues:
- Did the provincial governor and the provincial board of Cavite have authority to order and effect the tearing down of the plaintiffs’ fence across the alleged callejon?
- If not, which local government organ had authority to regulate, remove obstructions from, and abate nuisances on streets within the municipality — the provincial boa...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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