Title
Acaac vs. Azcuna Jr.
Case
G.R. No. 187378
Decision Date
Sep 30, 2013
PETAL Foundation challenged a municipal ordinance prohibiting unauthorized construction on Capayas Island, claiming vested rights. SC upheld the ordinance, ruling PETAL lacked ownership and failed to secure permits.
A

Case Summary (G.R. No. 187378)

Petitioner’s Position

PETAL and the individual petitioners asserted vested possession and prior use of Capayas Island (claimed predecessors’ possession since 1961 and a Memorandum of Agreement for resort operations). They sought injunctive relief against the municipality’s notices of illegal construction and voluntary demolition, and they challenged the ordinance’s validity on grounds that it was adopted without public consultation, was not published in a newspaper of general circulation as required by law, and was not validly approved by the Sangguniang Panlalawigan (SP).

Respondents’ Position

Respondents maintained that Capayas Island is public domain (timberland) and that petitioners have no proprietary title. They asserted compliance with the Local Government Code (LGC) procedures for ordinance enactment, that the Sangguniang Panlalawigan failed to act within the statutory period so the ordinance was deemed approved by operation of law, and that notices and postings were made. Respondents also relied on building code requirements to justify orders for removal of unpermitted structures.

Key Dates and Procedural Milestones

  • Constructions by PETAL: cottages (1995), seminar cottage (2001).
  • Notices of Illegal Construction: April 11 and May 20, 2002; Third and Final Notice: July 8, 2002.
  • Municipal Ordinance enacted (SB adoption): July 8, 2002; approved by mayor July 12, 2002; submitted to SP thereafter.
  • Notices of Voluntary Demolition and postings: August–October 2002.
  • Petitioners filed for injunctive relief in RTC (Civil Case No. 4684): October 29, 2002.
  • RTC Decision: November 26, 2004 (declared ordinance invalid; ordered respondents to desist from closing island but required petitioners to remove structures built without permits).
  • CA Decision reversing RTC: September 30, 2008; CA denied petitioners’ motion for reconsideration: March 9, 2009.
  • Supreme Court resolution: petition for review denied.

Applicable Law and Constitutional Basis

Primary statutes and rules invoked: the 1987 Philippine Constitution (applicable for decisions dated 1990 or later), Republic Act No. 7160 (Local Government Code of 1991), specifically Section 56 (review of municipal ordinances by the Sangguniang Panlalawigan) and Section 511 (posting and publication requirements for ordinances with penal sanctions); Presidential Decree No. 1096 (National Building Code of the Philippines); and general principles concerning public domain property and presumption of validity of official acts.

Factual Findings Relevant to Disposition

PETAL constructed cottages and structures on Capayas Island and used them commercially. The municipal government issued notices for lack of building permits and published/posted notices declaring the area a government property and sanctuary. The Sangguniang Bayan adopted the sanctuary ordinance and submitted it to the SP but the SP did not take affirmative action within the statutory period. Petitioners did not present evidence of title to the island; the RTC found petitioners had no title and ordered removal of unpermitted structures (an order not appealed by petitioners).

RTC Ruling (Trial Court)

The Regional Trial Court declared the sanctuary ordinance invalid on several grounds: pendency of petitioner PETAL’s protest and lack of SP approval; lack of publication and posting in a newspaper and public places; classification of the island as timberland (public domain) making sanctuary designation inappropriate; and that authority over timberlands lies with the national government (DENR). The RTC nevertheless ordered petitioners to remove structures built without valid building permits.

Court of Appeals Ruling

The Court of Appeals reversed the RTC and held the ordinance valid. Key holdings:

  • Under Section 56 of the LGC, because more than 30 days elapsed without action by the Sangguniang Panlalawigan, the ordinance was deemed consistent with law and therefore valid by operation of law.
  • Section 56(d) must be read with Section 56(c): the “action” required by (c) is the SP’s formal declaration that an ordinance is invalid; absence of such action within 30 days results in the ordinance being presumed valid.
  • The municipality had authority under the LGC (Sections 447 and 16) to establish such sanctuaries; it is not exclusively within DENR’s prerogative.
  • Evidence of public consultations, postings and publication were found persuasive; petitioners’ bare allegations of noncompliance were insufficient to overcome the presumption of validity. The CA also affirmed the RTC finding that petitioners lacked proprietary rights in the island, rendering injunctive relief inappropriate.

Supreme Court’s Analysis and Legal Reasoning

  • Deemed Approval by Operation of Law: The Court embraced the CA’s interpretation of Section 56 LGC. When SP does not act within 30 days after submission, the ordinance is presumed valid under Section 56(d). Reading paragraphs (c) and (d) together, the Court emphasized that the “action” contemplated by (c) is a formal declaration of invalidity, and lack of such action within 30 days yields a presumption in favor of the ordinance’s consistency with la

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