FACTS:
Manuel Uy and Sons, Inc. requested Manila
City Engineer and Building Official Manuel del Rosario to condemn the
dilapidated structures located in Paco, Manila, all occupied by petitioners. The said official issued notices of
condemnation to petitioners based on Inspection Reports showing that the
buildings suffered from structural deterioration of as much as 80%. The
condemnation orders stated that the subject buildings were found to be in
dangerous condition and therefore condemned, subject to the confirmation of the
Mayor as required by Section 276 of the Compilation of Ordinances of the City
of Manila. It was stated that the notice was not an order to demolish as the
findings of the City Engineer are still subject to the approval of the Mayor. The
Mayor confirmed the condemnation orders.
More than 3 months after the issuance of the
condemnation order, petitioners protested against the notices of condemnation on
the ground that the buildings are still in good physical condition and are
structurally sound.
Later, the City Engineer issued a demolition
order. The petitioners filed a Petition
for Prohibition, with PI or TRO against the City Mayor, City Engineer, Building
Officer and Manuel Uy and Sons Inc.
The Court issued the TRO and required
respondents to comment. Respondents prayed that the petition be dismissed
claiming that: (1) the power to condemn buildings and structures in the City of
Manila falls within the exclusive domain of the City Engineer pursuant to
Sections 275 and 276 of its Compilation of Ordinances (also Revised Ordinances
1600); and (2) the power to condemn and remove buildings and structures is an
exercise of the police power granted the City of Manila to promote public
safety.
ISSUE:
(1) WON the power to condemn buildings and
structures in the City of Manila falls within the exclusive jurisdiction of the
City Engineer, who is at the same time the Building Official;
(2) WON the City Mayor and City Engineer
committed grave abuse of discretion in the exercise of such powers.
HELD:
(1) YES. The power
to condemn buildings and structures in the City of Manila falls within the
exclusive jurisdiction of the City Engineer, who is at the same time the
Building Officials. The Compilation of
Ordinances of the City of Manila and the National Building Code, also provide
the authority of the Building Officials, with respect to dangerous
buildings. Respondent City Engineer and
Building Official can, therefore, validly issue the questioned condemnation and
demolition orders. This is also true with the Mayor who can approve or deny the
condemnation orders as provided in Section 276 of the Compilation of Ordinances
of the City of Manila.
(2) NO. The orders were made only after
thorough ocular inspections were conducted by the City's Building
Inspectors. The results of the inspections were set forth in a memorandum dated
16 November 1982 where it was shown that all the buildings had architectural,
structural, sanitary, plumbing and electrical defects of up to 80%. The respondent
Mayor's act of approving the condemnation orders was likewise done in
accordance with law. Petitioners were given the opportunity to protest the
condemnation but only did so long after the lapse of the period (7 days)
allowed them under Section 276 of the Compilation of Ordinances of the City of
Manila.
It is a
settled doctrine that there is grave abuse of discretion amounting to
lack of jurisdiction "when there is a capricious and whimsical exercise of
judgment as is equivalent to lack of jurisdiction, such as where the power is
exercised in an arbitrary or despotic manner by reason of passion or personal
hostility, and it must be so patent and gross so as to amount to an evasion of
positive duty or to a virtual refusal to perform the duty enjoined or to act at
all in contemplation of law."
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