CASE DIGEST
AQUINO V. MUNICIPALITY
OF MALAY, AKLAN
G.R. No. 211356 [September 29, 2014]
THIRD DIVISION, VELASCO,
JR.
Property; Nuisance; Demolition
of Property in “no build zone”
LGC authorizes city and municipal
governments, acting through their local chief executives, to issue demolition
orders. insofar as illegal constructions are concerned, the mayor can, after
satisfying the requirement of due notice and hearing, order their closure and
demolition.
Crisostomo Aquino is the president of Boracay Island West Cove Management Philippines, Inc. (Boracay West Cove). The company applied for a zoning compliance for the construction of a three-story hotel on a parcel of land in Boracay Island. Despite already operating a resort in the area, the application was denied due to the proposed construction site being within the "no build zone" as per a municipal ordinance. The municipal government issued a Cease and Desist Order and later, Executive Order No. 10 was issued, ordering the closure and demolition of Boracay West Cove's hotel. Aquino argued that proper judicial proceedings should have been conducted before the demolition and that the municipality lacks jurisdiction over the forestland area. Aquino filed to certiorari petition on the validity of EO10 and the acts of concerned municipality.
Whether the issuance and implementation
of Executive Order No. 10, that leads to the demolition of Hotel Property valid,
absent prior judicial proceedings.
YES. It finds that the hotel was not a nuisance per
se, but a nuisance per accidens due to its location. The mayor's power to order
the demolition of illegal constructions is upheld, since the property was
clearly build under a “no build zone”. In establishing no build zone
through a municipal ordinance, the LGU effectively decided that constructions
therein, without first securing exemptions from the local council, qualify as
nuisances for they pose a threat to public safety. No build zones are intended
for the protection of the public because the stability of the ground’s
foundation is adversely affected by the nearby body of water.
Here, it is merely the hotel’s particular incident––its location––and not its inherent qualities that rendered it a nuisance. Otherwise stated, had it not been constructed in the no build zone, Boracay West Cove could have secured the necessary permits without issue. As such, petitioner is correct that the hotel is not a nuisance per se, but to Our mind, it is still a nuisance per accidens.
Whether the respondent mayor has the
power to order the demolition of illegal constructions?
YES. Despite the hotel’s classification as a nuisance per accidens, however, we still find in this case that the LGU may nevertheless properly order the hotel’s demolition. This is because, in the exercise of police power and the general welfare clause, property rights of individuals may be subjected to restraints and burdens in order to fulfil the objectives of the government. Moreover, the LGC authorizes city and municipal governments, acting through their local chief executives, to issue demolition orders. In the case at bar, petitioner admittedly failed to secure the necessary permits, clearances, and exemptions before the construction, expansion, and operation of Boracay Wet Cove’s hotel. Under the law, insofar as illegal constructions are concerned, the mayor can, after satisfying the requirement of due notice and hearing, order their closure and demolition.
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