Case Digest (G.R. No. 95279)
Facts:
Estate of Gregoria Francisco, herein represented by Silvestre F. Tan, Administrator, petitioner, vs. Hon. Court of Appeals, Hon. Salvador A. Memoracion, in his capacity as Presiding Judge of the Regional Trial Court of Isabela, Basilan Province, Branch 2, Municipality of Isabela, Basilan Province, herein represented by Benjamin Valencia, in his capacity as Municipal Mayor, Isabela, Basilan Province, Rogelio L. Igot, Felicisimo Pioquinto, Daniel Padinas, Antonio Cabangon, Felix Roxas, Benjamin Ferrer, Gregorio Tabada, Efren Delos Reyes, Florencio Hugo, Jesus Francisco, Alfredo Tubilag, Pablo Andres, respondents (G.R. No. 95279), was decided July 25, 1991 by the Supreme Court, Second Division, Melencio-Herrera, J., writing for the Court.
The dispute concerned a quonset building in Port Area, Strong Boulevard, Isabela, Basilan, constructed in 1944, purchased in 1946 by Gregoria Francisco (deceased 1976), and standing on land declared for exclusive port use by Proclamation No. 83. The quonset was used to store copra; on 10 January 1989 the Philippine Ports Authority (Port of Zamboanga) issued to Tan Gin San, surviving spouse of Gregoria Francisco, a permit to occupy the lot for one year, expiring 31 December 1989.
On 8 May 1989 and again on 19 May 1989, Municipal Mayor Benjamin Valencia (through the Municipal Action Officer) mailed notices to remove or relocate the quonset citing Ordinance No. 147 (a comprehensive zoning ordinance), the structure's dilapidated condition, and a cleanup campaign against illegal squatters and unsanitary surroundings. When the notices were not acted upon, Mayor Valencia ordered demolition on 24 May 1989, and municipal employees implemented the demolition on 6 September 1989.
Petitioner filed a petition for a Writ of Prohibition with Injunction and Damages in the Regional Trial Court (Basilan, Branch 2, S.P. No. 4). On 7 August 1989 the trial court denied the writ and upheld the Mayor's power to order demolition, citing Ordinance No. 147. Petitioner appealed to the Court of Appeals. On 25 January 1990 the Court of Appeals (Fourteenth Division; penned by Justice Conrado T. Limcaoco) reversed the trial court, issued a Writ of Prohibition, ordered restoration of materials and attorney’s fees of P10,000.00, finding the Mayor lacked power to summarily demolish a structure that was not a nuisance per se and that petitioner had legal possession by virtue of the PPA permit. On reconsideration, however, the Court of Appe...(Subscriber-Only)
Issues:
- May the Municipal Mayor summarily, without prior judicial process, order the demolition of the quonset building?
- If the demolition was unlawful, is petitioner entitled to just compensation and/or damages for th...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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