Case Digest (G.R. No. 132875-76) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Celestino Tatel v. Municipality of Virac, G.R. No. L-40243, decided on March 11, 1992, petitioner Celestino Tatel, a businessman engaged in abaca trading, filed a petition for prohibition with preliminary injunction against the Municipality of Virac, Catanduanes, and its officials—Mayor Salvador A. Surtida, Vice-Mayor Gavino V. Guerrero, and Councilors Jose T. Buebos, Angeles Tablizo, Elpidio T. Zafe, Mariano Alberto, Julia A. Garcia, and Pedro A. Guerrero—seeking to enjoin the enforcement of Municipal Council Resolution No. 29 (April 22, 1966). That resolution declared petitioner’s warehouse in Barrio Sta. Elena a public nuisance under Article 694 of the Civil Code, directing him to remove the structure or transfer its operations within two months. The origin of the dispute traces to residents’ complaints lodged on March 18, 1966, about smoke, odor, and dust from Tatel’s abaca bailing machine, as well as the risk of fire posed by storing inflammable materials in a densely po Case Digest (G.R. No. 132875-76) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Subject Matter
- Petitioner: Celestino Tatel, businessman in abaca import and export, owner of a warehouse in Barrio Sta. Elena, Municipality of Virac, Catanduanes.
- Respondents: Municipality of Virac and its municipal officials (Mayor, Vice-Mayor, and several councilors).
- Events Leading to the Dispute
- March 18, 1966: Residents of Barrio Sta. Elena complained about noise, smoke, dust, and fire hazard from petitioner’s abaca bailing machine inside his warehouse.
- Municipal Council Investigation: A committee reported the warehouse’s proximity to narrow roads and residential houses posed a grave danger in case of fire.
- April 22, 1966: Municipal Council adopted Resolution No. 29 declaring the warehouse a public nuisance under Article 694, Civil Code, and directed its removal or relocation within two months. Motion for reconsideration was denied.
- Petitioner filed a petition for prohibition with preliminary injunction in the Court of First Instance (CFI) of Catanduanes to enjoin enforcement of Resolution No. 29.
- Trial Court Proceedings
- Respondents’ Position: The warehouse was built in violation of Ordinance No. 13, series of 1952, which prohibits construction of warehouses for inflammable materials within 200 meters of a block of houses.
- Petitioner’s Position: Ordinance No. 13 is unconstitutional (due process, equal protection), void for improper enactment.
- CFI Decision (September 18, 1969):
- Warehouse legally constructed under valid permit; cannot be destroyed or removed.
- Ordinance No. 13 is a valid exercise of police power and constitutional.
- Storage of abaca and copra violates the ordinance, constitutes a public nuisance under Art. 694, and may be abated.
- Petitioner ordered to remove all inflammable articles within two months and enjoined from future storage.
Issues:
- Does petitioner's warehouse constitute a public nuisance under Article 694 of the Civil Code?
- Is Ordinance No. 13, series of 1952 of the Municipality of Virac unconstitutional or void?
- Did the trial court misinterpret the ordinance or apply it discriminatorily against petitioner?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)