Case Digest (G.R. No. 16254)
Facts:
G. A. CUUNJIENG, plaintiff and appellee, petitioned for a writ of mandamus to compel Fred L. Patstone, Engineer of the City of Manila, to issue a building permit for a warehouse on Azcarraga Street after the city denied the permit unless the plaintiff constructed an arcade and complied with Ordinance No. 301 requiring payment of one-half of the assessed value of the city land within the arcade as a license fee. The Court of First Instance held the city could require arcades in certain circumstances but that the license fee prescribed by Ordinance No. 301 was illegal.Issues:
- May the constitutionality of a city ordinance be raised by a petitioner in a proceeding for mandamus?
- May the City of Manila, under its charter, exact as a prerequisite to a building permit payment equal to one-half of the assessed value of the sidewalk area covered by an arcade as a license fee?
Ruling:
The Court held that a petitioner in mandamus may challenge the constitutionality of statutes or cit Case Digest (G.R. No. 16254)
Facts:
- Parties and capacities
- G. A. CUUNJIENG, Plaintiff and Appellee sought a writ of mandamus to compel issuance of a building permit.
- FRED L. PATSTONE, Engineer of the City of Manila, Defendant and Appellant denied the permit.
- Subject matter and ordinance requirement
- Plaintiff proposed to erect a warehouse on Azcarraga Street and was refused a building permit until he constructed an arcade over the sidewalk in front of the building.
- Plaintiff was further required to comply with Ordinance No. 301, City of Manila, Section 1, which imposed, once plans were approved by the city engineer, a license fee equal to one-half of the assessed value of the city land located within the arcades.
- Plaintiff's objections and concessions
- Plaintiff refused to construct the arcade and to pay the license fee on grounds that the arcade was unnecessary and unsuitable for the warehouse and that the ordinance exceeded the Municipal Board's powers and was unconstitutional.
- It was conceded for present purposes that arcades are useful and desirable under local climatic conditions and that the Municipal Board has authority under its charter to regulate building construction and alignment and to provide for arcades on certain streets.
- Scope of controversy and procedural posture
- The parties and the Court ...(Subscriber-Only)
Issues:
- Justiciability in mandamus
- Whether, in mandamus proceedings, a petitioner may raise the constitutionality of statutes or municipal ordinances.
- Scope of municipal power to impose fees
- Whether, under its charter and statutory powers, the City of Manila, through the Municipal Board, may, as a condition for issuance of a building permit and under the ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)