Facts:
On March 4, 1952, Ortigas sold Lot 5 and 6, Block 31 of the Highway Hills Subdivision at Mandaluyong to Augusto Padilla y Angeles and Natividad Angeles. The latter transferred their rights in favour of Emma Chavez, upon completion of payment a deed was executed with stipulations, one of which is that the use of the lots are to be exclusive for residential purposes only. This was annotated in the Transfer Certificate of Titles No. 101509 and 101511. Feati then acquired Lot 5 directly from Emma Chavez and Lot 6 from Republic Flour Mills. On May 5, 1963, Feati started construction of a building on both lots to be devoted for banking purposes but could also be for residential use. Ortigas sent a written demand to stop construction but Feati continued contending that the building was being constructed according to the zoning regulations as stated in Municipal Resolution 27 declaring the area along the West part of EDSA to be a commercial and industrial zone. Civil case No. 7706 was made and decided in favour of Feati.
Issue:
Whether or not Resolution number 27 declaring Lot 5 and 6 to be part of an industrial and commercial zone is valid considering the contract stipulation in the Transfer Certificate of Titles.
Held:
Resolution No. 27 prevails over the contract stipulations. Section 3 of RA 2264 of the Local Autonomy Act empowers a Municipal Council to adopt zoning and subdivision ordinances or regulations for the Municipality. Section 12 or RA 2264 states that implied power of the municipality should be “liberally construed in it’s favour”, “to give more power to the local government in promoting economic conditions, social welfare, and material progress in the community”. This is found in the General Welfare Clause of the said act. Although non-impairment of contracts is constitutionally guaranteed, it is not absolute since it has to be reconciled with the legitimate exercise of police power, e.g. the power to promote health, morals, peace, education, good order or safety and general welfare of the people. Resolution No. 27 was obviously passed in exercise of police power to safeguard health, safety, peace and order and the general welfare of the people in the locality as it would not be a conducive residential area considering the amount of traffic, pollution, and noise which results in the surrounding industrial and commercial establishments.
Decision dismissing the complaint of Ortigas is AFFIRMED.
Showing posts with label statutory construction. Show all posts
Showing posts with label statutory construction. Show all posts
Thursday, November 11, 2010
Case Digest: Primicias vs Municipality of Urdaneta
Facts:
On February 8, 1965, Primicia was driving his car within the jurisdiction of Urdaneta when he was found violating Municipal Order 3, Series of 1964 for overtaking a truck. The Courts of First Instance decided that from the action initiated by Primicias, the Municipal Order was null and void and had been repealed by Republic Act 4136, the Land Transportation and Traffic Code
Issues:
1. Whether or not Municipal Order 3 of Urdaneta is null and void
2. Whether or not the Municipal Order is not definite in its terms or ambiguous.
Held:
1. Municipal Order 3 is null and void as there is an explicit repeal in RA 4136 and as per general rule, the later law prevails over an earlier law and any conflict between a municipal order and a national law must be ruled in favor of the statute.
2. Yes, the terms of Municipal Order 3 was ambiguous and not definite. “Vehicular Traffic” is not defined and no distinctions were made between cars, trucks, buses, etc.
Appealed decision is therefore AFFIRMED.
On February 8, 1965, Primicia was driving his car within the jurisdiction of Urdaneta when he was found violating Municipal Order 3, Series of 1964 for overtaking a truck. The Courts of First Instance decided that from the action initiated by Primicias, the Municipal Order was null and void and had been repealed by Republic Act 4136, the Land Transportation and Traffic Code
Issues:
1. Whether or not Municipal Order 3 of Urdaneta is null and void
2. Whether or not the Municipal Order is not definite in its terms or ambiguous.
Held:
1. Municipal Order 3 is null and void as there is an explicit repeal in RA 4136 and as per general rule, the later law prevails over an earlier law and any conflict between a municipal order and a national law must be ruled in favor of the statute.
2. Yes, the terms of Municipal Order 3 was ambiguous and not definite. “Vehicular Traffic” is not defined and no distinctions were made between cars, trucks, buses, etc.
Appealed decision is therefore AFFIRMED.
Case Digest: People vs Nazario
Facts:
Eusebio Nazario was charged in violation of refusal and failure to pay his municipal taxes amounting to Php 362.62 because of his fishpond operation provided under Ordinance 4, Series of 1955, as amended. He is a resident of Sta. Mesa Manila and just leases a fishpond located at Pagbilao, Quezon with the Philippine Fisheries Commission. The years in question of failure to pay was for 1964, 1965, and 1966. Nazario did not pay because he was not sure if he was covered under the ordinance. He was found guilty thus this petition.
Issues:
1. Whether or not Ordinance 4, Series of 1955, as amended null and void for being ambiguous and uncertain
2. Whether or not the ordinance was unconstitutional for being ex post facto
Held:
1. No, the coverage of the ordinance covers him as the actual operator of the fishpond thus he comes with the term “Manager”. He was the one who spent money in developing and maintaining it, so despite only leasing it from the national government, the latter does not get any profit as it goes only to Nazario. The dates of payment are also clearly stated “Beginnin and taking effect from 1964 if the fishpond started operating in 1964”.
2. No, it is not ex post facto. Ordinance 4 was enacted in 1955 so it can’t be that the amendment under Ordinance 12 is being made to apply retroactively. Also, the act of non-payment has been made punishable since 1955 so it means Ordinance 12 is not imposing a retroactive penalty
The appeal is DISMISSED with cost against the appellant.
Eusebio Nazario was charged in violation of refusal and failure to pay his municipal taxes amounting to Php 362.62 because of his fishpond operation provided under Ordinance 4, Series of 1955, as amended. He is a resident of Sta. Mesa Manila and just leases a fishpond located at Pagbilao, Quezon with the Philippine Fisheries Commission. The years in question of failure to pay was for 1964, 1965, and 1966. Nazario did not pay because he was not sure if he was covered under the ordinance. He was found guilty thus this petition.
Issues:
1. Whether or not Ordinance 4, Series of 1955, as amended null and void for being ambiguous and uncertain
2. Whether or not the ordinance was unconstitutional for being ex post facto
Held:
1. No, the coverage of the ordinance covers him as the actual operator of the fishpond thus he comes with the term “Manager”. He was the one who spent money in developing and maintaining it, so despite only leasing it from the national government, the latter does not get any profit as it goes only to Nazario. The dates of payment are also clearly stated “Beginnin and taking effect from 1964 if the fishpond started operating in 1964”.
2. No, it is not ex post facto. Ordinance 4 was enacted in 1955 so it can’t be that the amendment under Ordinance 12 is being made to apply retroactively. Also, the act of non-payment has been made punishable since 1955 so it means Ordinance 12 is not imposing a retroactive penalty
The appeal is DISMISSED with cost against the appellant.
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