Case Digest (G.R. No. 243931)
Facts:
This is Republic of the Philippines v. Power Ads Intelli-Concepts Advertising and Production Corporation, G.R. No. 243931, July 14, 2021, Supreme Court Third Division, Inting, J., writing for the Court.The petition arose from a dispute over a billboard at No. 81-B, 29th Street, C‑5, Brgy. West Rembo, Makati City. On August 31, 2010 the Department of Public Works and Highways (DPWH) deputized the Metropolitan Manila Development Authority (MMDA) by Memorandum of Agreement (MOA) to enforce certain provisions of Presidential Decree No. 1096 (PD 1096) within Metro Manila. Pursuant thereto the MMDA issued Memorandum Circular No. 10 (2011) and earlier Regulation No. 04‑004 (2004). The MMDA sent Power Ads Intelli‑Concepts Advertising and Production Corporation (Power Ads) a December 29, 2011 notice to remove its billboard for lack of required clearances/permits; MMDA personnel later attempted to dismantle the structure and sought the OBO‑Makati’s assistance.
Power Ads filed a Petition for Prohibition and Injunction with a prayer for TRO and preliminary injunction against the DPWH and MMDA in the Regional Trial Court (RTC), alleging undue delegation and due‑process defects in MMDA rules and seeking to enjoin demolition. The RTC granted a TRO on January 20, 2012 and, after hearings with witnesses from Power Ads, DPWH/MMDA and the City Building Official (OBO‑Makati), issued a writ of preliminary injunction on May 11, 2016 enjoining respondents from dismantling the billboard. The RTC denied respondents’ motion to dissolve and denied motions for reconsideration in an August 12, 2016 order.
The Republic (through the Office of the Solicitor General) petitioned the Court of Appeals (CA) for certiorari, alleging grave abuse of discretion by the RTC. In a Decision dated June 22, 2018 the CA denied the petition and affirmed the RTC orders, finding Power Ads had prima facie shown a vested property right as successor‑in‑interest to a predecessor who obtained clearances/permits and that preservation of the status quo was warranted pending resolution. The CA denied a motion for reconsideration in a December 17, 2018 Resolution.
The Republic then filed a Petition for Review on Certiorari under Rule...(Pro-only)
Issues:
- Did the Court of Appeals err in not finding grave abuse of discretion by the Regional Trial Court in issuing a writ of preliminary injunction in favor of Powe...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)