Case Digest (G.R. No. L-36409) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In People v. Gozo (G.R. No. L-36409, October 26, 1973), Loreta Gozo purchased a house and lot within the United States Naval Reservation but under the territorial jurisdiction of Olongapo City, Zambales. In December 1966, she demolished the existing structure and erected a new dwelling without applying for a building permit as required by Municipal Ordinance No. 14, Series of 1964. Appellant admitted she relied on advice from a mayor’s office assistant and neighbors that no permit was needed. On December 29, 1966, City building inspector Juan Malones and Patrolman Ramon Macahilas arrested four carpenters working on her house. After investigation, Gozo was charged before the City Court of Olongapo, convicted, and sentenced to one month’s imprisonment and costs. On appeal, the Court of First Instance of Zambales found her guilty, imposed a ₱200 fine and ordered demolition of the house. Gozo elevated the case to the Court of Appeals, challenging the ordinance’s constitutional valid Case Digest (G.R. No. L-36409) Expanded Legal Reasoning Model
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)