Case Digest (G.R. No. L-36409)
Facts:
The People of the Philippines v. Loreta Gozo, G.R. No. L-36409, October 26, 1973, the Supreme Court First Division, Fernando, J., writing for the Court.
The accused-appellant, Loreta Gozo, purchased a house and lot located inside the United States Naval Reservation within the territorial jurisdiction of Olongapo City. She demolished the existing structure and constructed a new house without securing a building permit from the City Mayor because, according to her, an assistant in the Mayor’s office and neighbors told her that a permit was unnecessary. Building and lot inspector Juan Malones and Patrolman Ramon Macahilas apprehended four carpenters working on the property and, after investigation, the City Fiscal charged Gozo with violating Municipal Ordinance No. 14, Series of 1964.
The Olongapo City Court found Gozo guilty and sentenced her to one month imprisonment and costs. On appeal the Court of First Instance (CFI) of Zambales affirmed guilt but modified the penalty, imposing a P200 fine and ordering demolition of the new house. The CFI’s appealed decision was rendered November 11, 1969. Gozo elevated the case to the Court of Appeals and, because her brief raised constitutional questions concerning due process and the applicability of the municipal ordinance to a dwelling inside the leased naval base, the Court of Appeals, by resolution dated January 29, 1973, certified the case to the Supreme Court for determination of the constitutional issues.
In the Supreme Court Gozo principally argued that (1) the ordinance violated due process as an oppressive exercise of power (relying on People v. Fajardo), and (2) the municipal administrative jurisdiction could not validly be exercised over structures within the ...(Pro-only)
Issues:
- Does Municipal Ordinance No. 14, Series of 1964, as applied to the appellant, violate due process and thus render her conviction invalid?
- Does the location of appellant’s dwelling within the United States Naval Reservation (leased to American forces) exempt her from the administrative jurisdiction of Olongapo City so that the municip...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)