Title
Macasiano vs. National Housing Authority
Case
G.R. No. 107921
Decision Date
Jul 1, 1993
Retired Police General challenged Sections 28 & 44 of RA 7279, claiming unconstitutionality; SC dismissed due to lack of standing, no actual case, and upheld provisions as valid police power.
unconstitutional
constitutionality
actual case or controversy
A

Case Digest (G.R. No. 107921)

Facts:

  • Background of the Case
    • Petitioner: Police General Levy Macasiano (Retired) filed the petition in his dual capacities as:
      • Consultant of the Department of Public Works and Highways (DPWH) Task Force on Demolition, engaged under a consultancy contract related to the removal of obstructions and encroachments on public domain properties.
      • Taxpayer, asserting a direct interest in ensuring that public funds are properly and lawfully disbursed.
    • Statutory Context:
      • Republic Act No. 7279, known as the Urban Development and Housing Act of 1992, was approved on March 24, 1992, and published on May 4, 1992.
      • The petition specifically challenges Sections 28 and 44 of this Act.
  • Content of the Challenged Provisions
    • Section 28 – Eviction and Demolition
      • Provides that eviction or demolition is generally discouraged but may be permitted under certain circumstances, such as:
        • When structures are located in danger areas (e.g., esteros, railroad tracks, garbage dumps, riverbanks, shorelines, sidewalks, roads, parks, playgrounds).
ii. When government infrastructure projects with available funding are to be implemented. iii. When there is a court order directing eviction and demolition.
  • Enumerates mandatory procedural safeguards, including:
    • A 30-day prior notice to affected parties.
ii. Adequate consultations with representatives of underprivileged communities regarding resettlement. iii. The presence of local government officials during the execution of orders. iv. Proper identification of demolition personnel and restricted hours/methods for demolition.
  • Conditions regarding the use of heavy equipment and the provision of temporary or permanent relocation, or financial compensation if relocation is not possible in the prescribed period.
  • Section 44 – Moratorium on Eviction and Demolition
    • Imposes a three-year moratorium on the eviction of program beneficiaries and the demolition of their dwelling units from the effectivity of the Act.
    • Contains a proviso exempting persons who constructed structures after the Act’s effectivity and certain cases enumerated in Section 28.
  • Petitioner's Arguments and Allegations
    • Constitutional Claims:
      • The provisions are argued to be unconstitutional on several grounds:
        • They allegedly allow the government, and by extension private property owners, to be deprived of their property without due process or compensation.
ii. They are said to reward acts that have been declared unlawful by the courts. iii. They are seen as enabling the takeover of private property by “plain interlopers.” iv. They purportedly overreach in curtailing the legitimate police power of the state.
  • They encroach upon the judicial power to execute valid judgments and orders.
  • Locus Standi:
    • The petitioner contends that his current role as a consultant implicates him in ensuring the proper demolition of illegal structures—a task now hindered by the challenged provisions.
    • His status as a taxpayer is also advanced as establishing a direct interest in the proper allocation of public funds.
  • Procedural History and Developments
    • Respondents Involved:
      • National Housing Authority (NHA), Housing and Land Use Regulatory Board, and National Mapping Resources Information Authority were designated as respondents.
    • Comments and Interventions:
      • The respondents filed their comments, with one respondent (National Mapping Resources Information Authority) arguing that implementation of the challenged sections was beyond its jurisdiction and defending the humanitarian purpose of Section 28 and the limited scope of Section 44.
      • The Realty Owners Association of the Philippines, Inc. filed a motion to intervene, asserting its legal interest and supporting the petitioner’s arguments.
      • The Office of the Government Corporate Counsel (OGCC) for the NHA also filed comments, aligning with the respondent NHA’s stance that the challenged sections were unconstitutional.
      • The Solicitor General later filed a comment contending that the petition lacked merit due to non-compliance with the essential requisites for the exercise of judicial review, particularly the absence of an actual case or controversy and a failure on the part of the petitioner to establish adverse legal rights or interests.

Issues:

  • Justiciability and Standing
    • Whether the petitioner, in his dual capacities as a consultant of the DPWH and as a taxpayer, is a proper party with standing to challenge the constitutionality of Sections 28 and 44 of RA 7279.
    • Whether the petitioner has sustained or is in imminent danger of sustaining an injury that furnishes an actual case or controversy necessary for judicial review.
  • Actual Case or Controversy
    • Whether there exists an actual controversy compelling the Court to entertain the petition.
    • Whether the purported injuries—arising from impediments to demolishing illegal structures and potential mismanagement of public funds—are concrete and immediate.
  • Scope of Judicial Review
    • Whether the constitutional questions raised are properly presented and necessary for resolving the petition.
    • Whether the challenged provisions infringe upon constitutional protections such as due process and separation of powers.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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