Facts:
The appellant through a resolution closed a road which ran through
the public market and Abella’s property. Portion of the road was closed for the
expansion of the public market. As a result of the closure and subsequent
expansion permanent structures were built. These improvements chomped off the
sidewalk and abutted to the petitioner’s property, they extended to the middle
of a street depriving Abella of the use thereof. Abella sought damages from the
CFI of Camarines Sur, which ruled in her favor by ordering the municipality to
pay P300 pesos for damages. Aggrieved, the municipality appealed to the SC.
Issue:
Whether or not the municipality is liable for damages considering
that it merely exercised its police power to preserve peace and good order of
the community and promote general welfare.
Held:
Yes. The municipality was not charged with any unlawful act, or
with invading Abella’s property rights, it was not found guilty of any such
acts. What is in issue in this case is the liability for damages. Sec. 2246 of
the Revised Administrative Code provides:
“No municipal road, street, etc. or any part
thereof shall be closed without indemnifying any person.”
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