Title
People vs. Gozo
Case
G.R. No. L-36409
Decision Date
Oct 26, 1973
Loreta Gozo constructed a house within the U.S. Naval Reservation in Olongapo without a permit, claiming reliance on advice. The Supreme Court upheld the validity of the ordinance, affirming Olongapo's jurisdiction and requiring Gozo to obtain a permit or demolish the structure.

Case Digest (G.R. No. L-36409)
Expanded Legal Reasoning Model

Facts:

  • Circumstances of Construction
    • Loreta Gozo purchased a house and lot within the United States Naval Reservation in Olongapo City, Zambales.
    • She demolished the existing structure and erected a new house without securing a building permit from the City Mayor, acting on advice from a mayor’s assistant and neighbors that no permit was needed.
    • On December 29, 1966, city inspectors and police apprehended four carpenters working on the construction and brought them in for interrogation.
  • Procedural History
    • Gozo was charged with violating Municipal Ordinance No. 14, Series of 1964, requiring a permit for building construction, alteration, repair, or demolition.
    • The City Court of Olongapo City found her guilty, sentencing her to one month’s imprisonment and costs.
    • On appeal, the Court of First Instance of Zambales affirmed guilt but imposed a fine of ₱200 and ordered demolition of the house.
    • Gozo elevated the case to the Court of Appeals, raising constitutional and applicability issues; the Court of Appeals certified the case to the Supreme Court.

Issues:

  • Whether Municipal Ordinance No. 14, S. 1964, is a valid exercise of local police power under due process and general welfare.
  • Whether the ordinance’s permit requirement is applicable to a private dwelling located within a U.S. naval base leased under the Military Bases Agreement.
  • Whether Olongapo City retains administrative jurisdiction to enforce its building regulations within the leased naval reservation.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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