GR 187378; (September, 2013) (Digest)
G.R. No. 187378; September 30, 2013
RAMONITO O. ACAAC, PETAL FOUNDATION, INC., APOLINARIO M. ELORDE, HECTOR ACAAC, and ROMEO BULAWIN, Petitioners, vs. MELQUIADES D. AZCUNA, JR., in his capacity as Mayor, and MARIETES B. BONALOS, in her capacity as Municipal Engineer and Building Official-Designate, both of Lopez Jaena Municipality, Misamis Occidental, Respondents.
FACTS
Petitioner People’s Eco-Tourism and Livelihood Foundation, Inc. (PETAL) built cottages on Capayas Island, an islet in Misamis Occidental, which it rented to the public. Respondents, the Municipal Mayor and Building Official, issued Notices of Illegal Construction against PETAL for building without a permit under the National Building Code. Subsequently, the Sangguniang Bayan enacted Municipal Ordinance No. 02, series of 2002, establishing Capayas Island as a sanctuary and prohibiting the entry of entities and the construction of structures therein. After notices for voluntary demolition were served, petitioners filed an action for injunction before the Regional Trial Court (RTC). They argued the ordinance was invalid for lack of public consultation, improper publication, and absence of approval from the Sangguniang Panlalawigan (SP). They also claimed prior vested rights from a 1961 possession agreement.
ISSUE
The core issue is whether Municipal Ordinance No. 02, series of 2002, of Lopez Jaena, Misamis Occidental, is valid and enforceable.
RULING
The Supreme Court upheld the validity of the ordinance. On procedural grounds, the Court ruled that under Section 56 of the Local Government Code (LGC), the ordinance was deemed approved by operation of law. The SP failed to affirmatively act on it within the 30-day review period, and the SP’s subsequent joint hearing did not constitute a declaration of invalidity as required by law to negate this deemed approval. Regarding publication, the Court found substantial compliance with the LGC. The respondent Mayor’s testimony and evidence established that the ordinance was posted in conspicuous public places, including the municipal hall and the island itself, for the required period. The law allows posting as an alternative to newspaper publication when such a publication is not available.
On substantive grounds, the Court held the municipality acted within its police power and general welfare authority under Section 16 of the LGC. The power to establish sanctuaries for ecological protection is not exclusive to the national government through the DENR; local government units can exercise this power in line with their mandate to promote the health and safety of their constituents. The petitioners’ claim of a prior vested right was unsubstantiated, as Capayas Island is timberland and part of the public domain. Any possession or agreement they cited did not constitute a legal title that could prevail over the municipality’s valid exercise of its regulatory powers for the public good.