In Crisostomo B. Aquino v. Municipality of Malay, Aklan, the Supreme Court addressed the conflict between local government authority and national permits concerning construction within a designated ‘no build zone.’ The Court ruled that a Forest Land Use Agreement for Tourism Purposes (FLAgT) issued by the Department of Environment and Natural Resources (DENR) does not override the Municipality of Malay’s ordinance prohibiting construction within 25 meters of the mean high water mark. This decision reinforces the power of local government units to enforce zoning ordinances, even when a national permit has been granted, ensuring public safety and adherence to local regulations.

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The case originated from Crisostomo Aquino’s challenge to Executive Order No. 10 (EO 10) issued by the Mayor of Malay, Aklan, which ordered the demolition of his hotel, Boracay West Cove. The hotel was constructed within a ‘no build zone’ as defined by Municipal Ordinance 2000-131, despite the company holding a FLAgT from the DENR. Aquino argued that the FLAgT granted his company the right to construct permanent improvements and that the DENR, not the municipality, had primary jurisdiction over the area. The central legal question was whether the mayor overstepped his authority in ordering the demolition, considering the national permit and arguments of due process violations.

The Court of Appeals (CA) initially dismissed Aquino’s petition for certiorari, stating that the mayor’s actions were executive, not judicial or quasi-judicial, and thus certiorari was not the proper remedy. However, the Supreme Court disagreed, clarifying that the mayor’s decision to issue EO 10, based on a finding of illegality, involved a quasi-judicial function. The Court emphasized that determining whether a structure violates local ordinances and warrants demolition requires the exercise of judgment and discretion, characteristics inherent to quasi-judicial functions. Citing City Engineer of Baguio v. Baniqued, the Supreme Court reiterated that a mayor exercises quasi-judicial powers when dealing with property rights and demolition orders.

Building on this clarification, the Supreme Court addressed the issue of whether the mayor committed grave abuse of discretion. The Court turned to Article 694 of the Civil Code, which defines a “nuisance” as anything that injures health, safety, or property. The court distinguished between nuisance per se and nuisance per accidens. A **nuisance per se** is a nuisance at all times and under any circumstances, regardless of location. In contrast, a **nuisance per accidens** becomes a nuisance due to particular conditions or circumstances. The Court found that the hotel was not a nuisance per se, but a nuisance per accidens because its location within the no-build zone was the primary issue.

Even though the hotel was deemed a nuisance per accidens, the Supreme Court affirmed the municipality’s power to order its demolition. This power stems from the **Local Government Code (LGC)**, which authorizes local chief executives to order the removal of illegally constructed establishments that fail to secure necessary permits. Section 444 (b)(3)(vi) of the LGC explicitly grants the mayor the authority to require owners of illegally constructed buildings to obtain the necessary permits or face demolition.

Section 444. The Chief Executive: Powers, Duties, Functions and Compensation. –

(b) For efficient, effective and economical governance the purpose of which is the general welfare of the municipality and its inhabitants pursuant to Section 16 of this Code, the municipal mayor shall:
(3) Initiate and maximize the generation of resources and revenues, and apply the same to the implementation of development plans, program objectives and priorities as provided for under Section 18 of this Code, particularly those resources and revenues programmed for agro-industrial development and country-wide growth and progress, and relative thereto, shall:
(vi) Require owners of illegally constructed houses, buildings or other structures to obtain the necessary permit, subject to such fines and penalties as may be imposed by law or ordinance, or to make necessary changes in the construction of the same when said construction violates any law or ordinance, or to order the demolition or removal of said house, building or structure within the period prescribed by law or ordinance.

The Supreme Court emphasized that Aquino failed to secure the necessary permits and clearances before constructing and operating the hotel. This failure constituted a violation of Municipal Ordinance 2000-131 and Section 301 of Presidential Decree No. 1096 (PD 1096), also known as the National Building Code of the Philippines. These violations provided sufficient grounds for the LGU to invoke Sec. 444 (b)(3)(vi) of the LGC, ordering the demolition after due notice and hearing.

Addressing the issue of due process, the Court found that the requirements were sufficiently complied with. Public officers are presumed to have performed their duties regularly, and Aquino failed to prove that Boracay West Cove was deprived of an opportunity to be heard before EO 10 was issued. The Court noted that Aquino received notices from the municipality government requiring compliance with the zoning ordinance, yet he failed to do so.

The Court also rejected Aquino’s argument that the FLAgT superseded the municipal ordinance. The rights granted under the FLAgT are not absolute and do not exempt the holder from complying with local laws. Local government units have the authority to exercise their powers within their territorial jurisdiction, and the FLAgT did not override the no-build zone restriction. In fact, the conditions set forth in the FLAgT and the limitations circumscribed in the ordinance are not mutually exclusive and are, in fact, cumulative. The FLAgT does not excuse compliance with PD 1096, which requires a building permit.

Finally, the Supreme Court dismissed the argument that the DENR had primary jurisdiction over the controversy. The issue at hand was not about environmental protection or conservation but about compliance with permit, clearance, and zoning requirements for building constructions. The mayor’s power to order the demolition of illegally constructed establishments under the LGC is distinct from the DENR’s supervisory powers over community-based forestry projects.

In summary, the Supreme Court’s decision underscores the importance of adhering to local zoning ordinances and obtaining necessary permits before commencing construction, even with national permits. The ruling affirms the authority of local government units to enforce their regulations and protect public safety, while also clarifying the interplay between national and local laws in the context of land use and development.

FAQs

What was the key issue in this case?	The central issue was whether a local government unit could order the demolition of a structure built within a ‘no build zone’ despite the owner holding a Forest Land Use Agreement for Tourism Purposes (FLAgT) from the DENR.
What is a ‘no build zone’?	A ‘no build zone’ is an area, typically near a shoreline, where construction is prohibited to protect public safety and prevent environmental damage. In this case, it was defined as 25 meters from the mean high water mark.
What is a Forest Land Use Agreement for Tourism Purposes (FLAgT)?	A FLAgT is an agreement granted by the Department of Environment and Natural Resources (DENR) allowing a party to use forest land for tourism purposes, including the construction of improvements.
Did the Supreme Court find that the hotel was a nuisance?	The Court found that the hotel was a nuisance per accidens, meaning it was a nuisance due to its specific location within the no-build zone, not inherently a nuisance.
What is the basis for the mayor’s authority to order demolition?	The mayor’s authority comes from Section 444 (b)(3)(vi) of the Local Government Code (LGC), which empowers the mayor to order the demolition of illegally constructed structures that lack the necessary permits.
Was due process violated in this case?	The Court found that due process was not violated because the petitioner received notices from the municipality to comply with zoning ordinances but failed to do so.
Does a FLAgT exempt one from complying with local ordinances?	No, a FLAgT does not exempt the holder from complying with local ordinances and building codes. Compliance with both national and local laws is required.
What is the significance of this ruling?	This ruling reaffirms the authority of local government units to enforce zoning ordinances and building codes, even when national permits have been granted. It emphasizes the importance of complying with both national and local laws for construction projects.

This case underscores the critical importance of securing all necessary permits and clearances, both at the national and local levels, before commencing any construction project in the Philippines. Developers must be diligent in ensuring compliance with zoning ordinances and building codes to avoid potential legal challenges and demolition orders.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Crisostomo B. Aquino v. Municipality of Malay, Aklan, G.R. No. 211356, September 29, 2014