Case Digest (G.R. No. L-3602)
Facts:
Wong Siu Tong v. Alejo Aquino, G.R. No. L-3602, January 30, 1953, the Supreme Court En Banc, Reyes, J., writing for the Court. Plaintiff-appellee Wong Siu Tong sought to complete the erection of a commercial building at the corner of Echague Street and Plaza Goiti; defendant-appellant Alejo Aquino was the City Engineer of Manila who ordered the construction stopped and revoked the building permits.Initially, Wong obtained a building permit based on plans approved by the City Engineer, but the engineer discovered that construction deviated from those approved plans and notified the owner; the permit was revoked under the city ordinance. Wong then secured a second permit after submitting new plans and promising to remove the portion encroaching on the new building line and to conform to the new plans; he again failed to comply and the second permit was revoked. Thereafter Wong submitted a third set of plans reflecting the building as constructed (including omission of the required arcade and retention of the old building line), proceeded with construction without an approved permit, and the City Engineer refused to approve the third plans or issue a new permit.
Wong obtained a resolution from the Municipal Board of Manila purporting to give him the old building line for Echague, subject to conditions (temporary permit, removal at his expense when widening is undertaken, and posting of a P10,000 surety bond). Relying on that resolution, Wong sued in the Court of First Instance of Manila for a prohibitory injunction to restrain the City Engineer from interfering with the completion of the building. The trial court granted the writ enjoining the engineer from interfering. The City Engineer appealed to the Supreme Court.
The Supreme Court considered the appeal En Banc. The Court reviewed (a) the Revised Ordinances provision empowering the City Engineer to suspend work and revoke permits when construction departs from approved plans (Section 104), (b) Ordinance No. 301 (regarding arcades/soportales and payments for their use), and (c) related executive and municipal acts referenced in the submissions. The Court reversed the trial court and denied the petition for inj...(Pro-only)
Issues:
- May a court issue a prohibitory injunction restraining the City Engineer from suspending construction and revoking a building permit under the Revised Ordinances (Section 104) where construction departs from approved plans?
- Does a Municipal Board resolution granting the old building line for Echague (subject to conditions) validate the construction as made and bar the City Engineer from refusing to approve the latest plans or ordering suspension, including with respect to requireme...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)