In Alangdeo v. City Mayor of Baguio, the Supreme Court of the Philippines addressed the legality of a demolition order issued by the City Mayor of Baguio. The Court ruled that the demolition order was invalid because it lacked a legal basis under Republic Act No. 7279 (Urban Development and Housing Act) and Presidential Decree No. 1096 (National Building Code). This decision underscores the importance of due process and compliance with specific legal procedures before implementing demolition orders, protecting the rights of property owners and occupants against arbitrary actions by local government units. The ruling clarifies the limits of summary evictions and emphasizes adherence to legal safeguards.
When City Hall’s Wrecking Ball Swings: Whose Rights Prevail?
The case began when Ernesto Lardizabal filed a complaint questioning the construction of residential structures by Leoncio Alangdeo, Arthur Verceles, and Danny Vergara (petitioners) on a property in Baguio City. The City Engineer’s Office found that the construction lacked a building permit. Consequently, the City Mayor issued Demolition Order No. 05, directing the demolition of the structures. Aggrieved, the petitioners sought an injunction from the Regional Trial Court (RTC) to prevent the demolition.
During the trial, Verceles presented evidence of a pending Ancestral Land Claim before the National Commission on Indigenous Peoples (NCIP) and tax declarations for the property. He also highlighted a prior dismissed case filed by Ernesto questioning his possession. The RTC initially granted the injunction, citing the equal protection clause, as many structures in the area lacked building permits due to Proclamation No. 414, which declared the area a mineral reservation. This meant the local government could not selectively demolish only the petitioner’s property.
However, the Court of Appeals (CA) reversed the RTC’s decision, stating that the petitioners failed to demonstrate a protected right. The CA relied on a Department of Environment and Natural Resources (DENR) decision that recognized the ancestral rights of Mariano Pangloy and the heirs of Juanito Lardizabal. The petitioners then appealed to the Supreme Court, arguing that the CA erred in its decision and that the issuance of an injunction was warranted. The central legal question was whether the City Mayor’s demolition order complied with the requirements of RA 7279 and the National Building Code (NBCP).
The Supreme Court noted that the CA should have dismissed the appeal because it involved pure questions of law, which should have been brought directly to the Supreme Court. The Court then addressed the substantive merits of the case. According to DO No. 5, it was issued under Section 3, paragraph 2.5(a) of the Implementing Rules and Regulations (IRR) Governing Summary Eviction. These rules were established under Section 28, Article VII of RA 7279, which outlines specific situations where eviction or demolition is permitted.
Section 28 of RA 7279 states:
Sec. 28. Eviction and Demolition. — Eviction or demolition as a practice shall be discouraged. Eviction or demolition, however, may be allowed under the following situations:
(a) When persons or entities occupy danger areas such as esteros, railroad tracks, garbage dumps, riverbanks, shorelines, waterways, and other public places such as sidewalks, roads, parks, and playgrounds;
(b) When government infrastructure projects with available funding are about to be implemented; or
(c) When there is a court order for eviction and demolition.
The Summary Eviction IRR applies only to new squatter families whose structures were built after RA 7279’s effectivity or squatter families identified as professional squatters or members of squatting syndicates. The Supreme Court found that the petitioners could not be considered new squatters, as they or their predecessors had occupied the land before March 28, 1992. They were also not identified as professional squatters or members of a squatting syndicate. Thus, the summary eviction rules did not apply to them.
Importantly, the Court emphasized that none of the situations permitting eviction or demolition under Section 28, Article VII of RA 7279 were present. The structures were not shown to be in danger areas, there was no government infrastructure project, and no court order mandated demolition. Consequently, the demolition order lacked a basis under RA 7279. Moreover, while the absence of a building permit was cited, the Court clarified that the National Building Code (NBCP) does not automatically lead to summary demolition.
The NBCP provides for administrative fines or criminal charges for constructing without a permit, but not immediate demolition. Furthermore, Section 215 of the NBCP and its IRR require a finding by the Building Official that the structure is a nuisance, ruinous, or dangerous before demolition can be ordered. The Implementing Rules and Regulations detail a process for demolition of buildings under this Rule:
5.1 There must be a finding or declaration by the Building Official that the building/structure is a nuisance, ruinous or dangerous.
5.2 Written notice or advice shall be served upon the owner and occupant/s of such finding or declaration, giving him at least fifteen (15) days within which to vacate or cause to be vacated, repaired, renovated, demolished and removed as the case may be, the nuisance, ruinous or dangerous building/structure or any part or portion thereof.
The Court also pointed out that the authority to order demolition lies with the Building Official, not the City Mayor. The City Mayor’s authority under Section 455(b) 3(vi) of the Local Government Code was invoked late in the proceedings and could not be considered. Since the demolition order lacked legal basis and the proper procedures were not followed, the Supreme Court ruled that an injunction was appropriate. This decision reinforces the need for government agencies to comply with legal requirements before enforcing demolition orders.
The Court held that compliance with laws allowing summary eviction is mandatory. Authorities cannot bypass proper procedures by issuing summary demolition orders. They must follow the NBCP and its IRR or seek judicial recourse to recover property. The Court urged the parties to await the final resolution of any pending cases involving the property to avoid further complications. By granting the petition, the Supreme Court reversed the CA’s decision and permanently enjoined the implementation of Demolition Order No. 05.
FAQs
| What was the key issue in this case? | The key issue was whether the City Mayor of Baguio had the legal authority to issue a demolition order for structures built without a building permit, and whether the order complied with relevant laws such as RA 7279 and the NBCP. |
| What did the Supreme Court decide? | The Supreme Court ruled that the demolition order was invalid because it lacked a legal basis under RA 7279 and the NBCP. The Court emphasized the importance of due process and compliance with specific legal procedures before implementing demolition orders. |
| What is RA 7279? | RA 7279, also known as the Urban Development and Housing Act, provides for a comprehensive urban development and housing program. It includes provisions on eviction and demolition, outlining specific situations where these actions are allowed. |
| What is the National Building Code of the Philippines (NBCP)? | The NBCP (Presidential Decree No. 1096) governs building construction and safety standards in the Philippines. It outlines the requirements for building permits and the procedures for dealing with illegal or dangerous structures. |
| Who has the authority to order the demolition of a structure under the NBCP? | Under the NBCP, the Building Official, not the City Mayor, has the authority to order the demolition of structures found to be a nuisance, ruinous, or dangerous. |
| What are the requirements for a valid demolition order under the NBCP? | Before a structure can be demolished under the NBCP, the Building Official must find and declare that the structure is a nuisance, ruinous, or dangerous. Written notice must be given to the owner and occupants, allowing them time to vacate or repair the structure. |
| What does the Summary Eviction IRR cover? | The Summary Eviction IRR applies to new squatter families whose structures were built after the effectivity of RA 7279 and squatter families identified as professional squatters or members of squatting syndicates. It allows for the immediate dismantling of illegal structures without providing the structure owner(s) any benefits of the Urban Development and Housing Program. |
| What was the significance of Proclamation No. 414 in this case? | Proclamation No. 414 declared the area of Barangay Atok Trail as a mineral reservation for Baguio City, which made it difficult for residents to obtain building permits. This was used as an argument to support the equal protection clause, as many structures lacked permits. |
This case underscores the critical balance between urban development and the protection of individual rights. Local government units must adhere to due process and legal procedures when issuing demolition orders. Failure to comply with these safeguards can result in the invalidation of such orders and potential legal liabilities.
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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: Leoncio Alangdeo, et al. vs. City Mayor of Baguio, G.R. No. 206423, July 01, 2015