G.R. No. 233800 - People vs. Pantallano

Diamond Motor Corporation owns two adjoining registered lots along Quezon Avenue, beside the northern bank of the San Juan River, with a concrete floodwall set about 2.5 meters from the riverbank.
The floodwall, existing before respondent’s occupation, was rebuilt by respondent with Quezon City government’s permission to protect its showroom and outlet.

On September 5, 2007, MMDA notified respondent of its intent to demolish the floodwall and impose a ten-meter easement under MMDA Resolution No. 3, Series of 1996 and Article IX of MMC Ordinance No. 81-01 for a “Road Right-of-Way.”
Respondent’s complaint before RTC Makati (Branch 143) sought nullification of the MMDA issuances and injunctive relief; the RTC denied injunction and dismissed the complaint.
Respondent’s direct certiorari to the Supreme Court (G.R. No. 180872) resulted in a status quo ante order and remand to the RTC to determine the reasonableness of the ten-meter easement.
On remand (Branch 66), after inspection and further evidence, RTC found the ten-meter easement unreasonable but allowed a three-meter easement under Water Code Art. 51. MMDA’s motion for reconsideration was denied.
Court of Appeals affirmed, directing removal of structures within the three-meter easement upon lifting of status quo. MMDA’s motions for reconsideration were denied.
MMDA filed the present Petition for Review on Certiorari (G.R. No. 203386) challenging the CA’s ruling.

Whether MMDA validly may impose a ten-meter legal easement on private property for flood control measures under its charter, MMC Ordinance No. 81-01, MMDA Resolution No. 3, the Water Code, the Civil Code, or other law.