ESTATE OF GREGORIA FRANCISCO v CA [GR No. 95279 (July 25, 1991)] Quick facts: facts: Quonset used for copra storage demolished by virtue of Ordinance No. 147 which states that structures that do not conform to the Zoning regulations should be relocated and failure to do so would entail condemnation or removal at owner’s expense. Nature: Nature : Petition to review the judgment of the CA. Ponente: Ponente: J. Melencio-Herrera Facts: Facts: •
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A Quonset Quonset in Basilan Basilan – construct constructed ed in 1944 1944 by the America American n Liberatio Liberation n Forces; purchased by Gregoria Francisco (died in 1976) in 1946; stands on land land owned owned by the Philip Philippin pine e Ports Ports Author Authority ity (PPA) (PPA) – was order ordered ed demolished by the Municipal Mayor, Valencia. Proc. No. 83 issued by Pres. Quirino declared land for the exclusive use of port facilities. January 10, 1989: PPA issued to Tan Gin San, the husband of deceased Francisco, a permit to occupy the building for a year, until December 31, 1989. May 8L Mayor notified notified Tan Gin San by mail to relocate relocate or remove remove his Quonset by virtue of Zoning Ord. 147 stressing the “clean-up campaign on illegal squatters and unsanitary surroundings along Strong Boulevard.” May 19, another notice was sent. May 24: demolition demolition was ordered by Mayor. Petitioner filed with RTC suit for a Writ of Prohibition with Injunction and damages. RTC: denied writ, upheld power of Mayor Mayor to order order demolition demolition without without judicial authority Sept. 6: Quonset was completely demolished demolished
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CA (1st decision) decision):: reversed reversed TC; Quonset Quonset not a nuisance nuisance per se; Mayor Mayor needed judicial decision
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CA (2nd decision): reversed itself; deficiency (lack of judicial declaration) cured when petitioner filed the petition for prohibition and was heard on oral argument.
Issue: Issue: WON Mayor could summarily, without judicial process, order the demolition of petitioner’s Quonset building. Held/Ratio: NO. There is no doubt that the Quonset is a non-conforming structure as per the Municipal Ordinance; and that in the event that an immediate relocation of the building cannot be accomplished, section 16 of the Ordinance provides that “… the non-conforming use may be condemned or removed at the owner’s expense.”
a.
This provision does not empower the Municipal Mayor to order a summary removal of the structure. If it does, it must be struck down for being in contravention to the requirements of due of due process. process. b. Violation Violation of the ordinanc ordinance e neither neither empowers empowers the Municip Municipal al Mayor to avail avail of extra-judicial remedies.
The Local Government Code imposes upon the Mayor the duty “to cause to be instituted judicial proceedings in connection with the violation of ordinances.”
a) b)
Only applies to nuisance per se – affects the immediate safety of persons and property and may be summarily abated under the undefined law of necessity (Monteverde (Monteverde v Generoso). Generoso ). Storage Storage of copra copra in the Quonset Quonset is a legitim legitimate ate business business,, cannot cannot be said to be injurious to rights of property, of health or of comfort of the community.
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If it is a nuisance per nuisance per accidens, accidens, it must be proven in a hearing conducted for that purpose.
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Sanguniaang Bayan cannot DECLARE a particular thing as a nuisance per nuisance per se – can ONLY BE adjudged by judicial determination.
Judgment set aside. CA (1 st decision) reinstated, remanded to RTC to determine just compensation for petitioner for the demolished Quonset. ESTATE OF GREGORIA FRANCISCO v CA [GR No. 95279 (July 25, 1991)] Quick facts: facts: Quonset used for copra storage demolished by virtue of Ordinance No. 147 which states that structures that do not conform to the Zoning regulations should be relocated and failure to do so would entail condemnation or removal at owner’s expense. Nature: Nature : Petition to review the judgment of the CA. Ponente: Ponente: J. Melencio-Herrera Melencio-Herrera Facts: Facts: A Quonset Quonset in Basilan Basilan – construct constructed ed in 1944 by the American American Liberatio Liberation n Forces; purchased by Gregoria Francisco (died in 1976) in 1946; stands on land land owned owned by the Philip Philippin pine e Ports Ports Author Authority ity (PPA) (PPA) – was ordere ordered d demolished by the Municipal Mayor, Valencia. Proc. No. 83 issued by Pres. Quirino declared land for the exclusive use of port facilities. January 10, 1989: PPA issued to Tan Gin San, the husband of deceased Francisco, a permit to occupy the building for a year, until December 31, 1989. May 8L Mayor notified notified Tan Gin San by mail to relocate relocate or remove remove his Quonset by virtue of Zoning Ord. 147 stressing the “clean-up campaign on illegal squatters and unsanitary surroundings along Strong Boulevard.” May 19, another notice was sent. May 24: demolition demolition was ordered ordered by Mayor. Petitioner filed with RTC suit for a Writ of Prohibition with Injunction and damages. RTC: denied writ, upheld power of Mayor Mayor to order demoliti demolition on without without judicial authority Sept. 6: Quonset was completely demolished demolished •
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CA (1st decision) decision):: reverse reversed d TC; Quonset Quonset not a nuisance nuisance per se; se; Mayor Mayor needed judicial decision
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CA (2nd decision): reversed itself; deficiency (lack of judicial declaration) cured when petitioner filed the petition for prohibition and was heard on oral argument.
Issue: Issue: WON Mayor could summarily, without judicial process, order the demolition of petitioner’s Quonset building. Held/Ratio: NO. There is no doubt that the Quonset is a non-conforming structure as per the
c.
This provision does not empower the Municipal Mayor to order a summary removal of the structure. If it does, it must be struck down for being in contravention to the requirements of due of due process. process. d. Violation Violation of the ordinanc ordinance e neither neither empowers empowers the Municip Municipal al Mayor to avail avail of extra-judicial remedies.
The Local Government Code imposes upon the Mayor the duty “to cause to be instituted judicial proceedings in connection with the violation of ordinances.” NOT NOT ABAT ABATEM EMEN ENT T proceedings.
e) f)
OF
NUIS NUISSA SANC NCE E
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powe power) r)
with withou outt
judi judici cial al
Only applies to nuisance per se – affects the immediate safety of persons and property and may be summarily abated under the undefined law of necessity (Monteverde (Monteverde v Generoso). Generoso). Storage Storage of copra copra in the the Quonset Quonset is a legit legitimate imate business, business, cannot cannot be said to be injurious to rights of property, of health or of comfort of the community.
g)
If it is a nuisance per nuisance per accidens, accidens, it must be proven in a hearing conducted for that purpose.
h)
Sanguniaang Bayan cannot DECLARE a particular thing as a nuisance per nuisance per se – can ONLY BE adjudged by judicial determination.
Judgment set aside. CA (1 st decision) reinstated, remanded remanded to RTC to determine just compensation for petitioner for the demolished Quonset.
