Case Summary (G.R. No. 221103)
Petitioner
Consular Area Residents Association, Inc., through its president and board members, seeking to enjoin demolition of structures they assert lie within the Diplomatic and Consular Area, not the JUSMAG Area.
Respondents
• BCDA, represented by Casanova and Engr. Macrohon, executing demolition under Republic Act No. 7227 (Bases Conversion and Development Act of 1992) and Executive Order No. 40 (Series of 1992)
• Local Housing Board of Taguig City and the Taguig City Government, certifying compliance with humane demolition requirements under Republic Act No. 7279 (Urban Development and Housing Act of 1992)
Key Dates
• March 13, 1992 – RA 7227 enacted, creating BCDA
• December 8, 1992 – EO No. 40 designating Fort Bonifacio for conversion
• February 10, 2009 – Proclamation No. 1725 declaring Diplomatic and Consular Area alienable
• July 18, 2012 – Local Housing Board issues Certificate of Compliance on Demolition
• July 20–27, 2012 – BCDA’s seven-day notice to affected residents for relocation or voluntary dismantling
• September 21, 2012 – Demolition activities in JUSMAG Area completed
• April 12, 2016 – Supreme Court decision
Applicable Law
• 1987 Philippine Constitution (post-1990 jurisprudential framework)
• Republic Act No. 7227 (Bases Conversion and Development Act of 1992), especially Section 21 (injunctions over conversion projects) and Section 9 (composition of BCDA Board)
• Republic Act No. 7279 (Urban Development and Housing Act of 1992), especially Section 28(b) (permitting demolition for funded government infrastructure projects without court order)
• Rule 65, Section 4, Rules of Court (distinguishing petitions for prohibition vs. injunction)
• Civil Code Article 536 (requirement for judicial order in possession disputes, unless statutory exception)
Facts
- RA 7227 and EO 40 transferred portions of Fort Bonifacio, including the JUSMAG and Diplomatic and Consular Areas, to BCDA for redevelopment to raise funds.
- JUSMAG residents occupied AFP-constructed housing; Diplomatic and Consular Area housed foreign mission residences.
- Proclamation No. 1725 (2009) declared the Diplomatic and Consular Area alienable and under BCDA’s control.
- Local Housing Board (Taguig City) certified on July 18, 2012 that BCDA complied with “just and humane demolition” requirements under RA 7279.
- BCDA issued a notice giving residents seven days (ending July 27, 2012) to coordinate relocation or dismantle structures.
- CARA filed a petition for “Prohibition with plea for Temporary Restraining Order and Injunction,” arguing their homes lie in the Diplomatic and Consular Area, not JUSMAG, and that Casanova’s appointment violated RA 7227.
Issue
Whether the demolition of structures occupied by petitioners should be enjoined.
Court’s Analysis and Ruling
- Nature of Proceeding: Although styled as a petition for prohibition, the complaint sought to enjoin demolition, making it essentially an injunction. Under Section 21 of RA 7227 only the Supreme Court may restrain conversion projects.
- Prohibition vs. Injunction: Prohibition applies only to acts by tribunals or officers in excess of jurisdiction and cannot collaterally attack a public officer’s title (Casanova’s appointment could only be challenged by quo warranto).
- Clear Legal Right: Petitioners failed to prove their structures lie within the Diplomatic and Consular Area. Respondents’ DENR-approved survey plans, structural maps, ground surveys, and joint inspections with local authorities established
Case Syllabus (G.R. No. 221103)
Facts
- Republic Act No. 7227 (Bases Conversion and Development Act of 1992) created the Bases Conversion and Development Authority (BCDA) to convert military reservations into alternative productive uses and raise funds through sale of portions of Metro Manila camps.
- Executive Order No. 40 (1992) earmarked Fort Bonifacio for development and disposition under the BCDA.
- Fort Bonifacio comprises two key zones:
- JUSMAG Area: 34.5‐hectare military housing along Lawton Avenue, originally AFP‐built units now developed by Megaworld as McKinley West.
- Diplomatic and Consular Area: Declared alienable and disposable by Proclamation No. 1725 (Feb. 10, 2009) and placed under BCDA administration.
- On July 18, 2012, the Local Housing Board of Taguig City issued a Certificate of Compliance on Demolition, finding that BCDA had observed “just and humane” eviction under Section 28 of RA 7279.
- On July 20, 2012, BCDA President Casanova notified occupants to accept relocation packages or dismantle structures and vacate within seven days.
- Petitioners—residents’ association of the Diplomatic and Consular Area—filed before the Supreme Court a “petition for prohibition with plea for Temporary Restraining Order and Injunction,” seeking to enjoin demolition of structures they claim lie outside the JUSMAG Area.
- Petitioners alleged:
- The Diplomatic and Consular Area is non-BCDA property (as per BCDA’s own website).
- Their occupation was government-authorized at time of military assignments.
- Demolition without court order violates Article 536, Civil Code, and Section 28 of RA 7279.
- Casanova’s appointment as BCDA President was “highly anomalous and irregular.”
Procedural Posture
- Petition filed in the Supreme Court under Rule 65, seeking prohibitio