G.R. No. 188213 January 11, 2016
NATIVIDAD C. CRUZ and BENJAMIN DELA CRUZ, Petitioners, vs. PANDACAN HIKER’S CLUB, INC., Represented by its President, PRISCILA ILAO, Respondent.

FACTS

Petitioner Natividad C. Cruz was the Punong Barangay of Barangay 848, Zone 92, City of Manila. On November 10, 2006, within her barangay, she confronted persons playing basketball, stating, “Bakit nakabukas ang (basketball) court? Wala kayong karapatang maglaro sa court na ‘to, barangay namin ito! … Wala kayong magagawa. Ako ang chairman dito. Mga walanghiya kayo, patay gutom! Hindi ako natatakot! Kaya kong panagutan lahat!” She then ordered co-petitioner Barangay Tanod Benjamin dela Cruz to destroy the basketball ring by cutting it with a hacksaw, which he did, rendering the court unusable. The basketball court was allegedly donated, administered, and operated by respondent Pandacan Hiker’s Club, Inc. (PHC), a non-stock, non-profit civic organization. PHC, through its president Priscila Ilao, filed a complaint for Malicious Mischief, Grave Misconduct, Conduct Prejudicial to the Best Interest of the Service, and Abuse of Authority before the Office of the Ombudsman. Cruz defended her actions, alleging the court caused disturbances: it blocked jeepney passage, was a site for rampant betting and fights involving weapons, caused noise, and led to unsanitary practices. She claimed the court’s users ignored previous barangay interventions, including padlocking the ring, and failed to return a steel bar and padlock when asked. The Ombudsman initially dismissed the complaint, finding the acts were within the petitioners’ duties under the Local Government Code. The Court of Appeals reversed this, finding Cruz liable for Conduct Prejudicial to the Best Interest of the Service (6 months and 1 day suspension) and reprimanding Dela Cruz. Petitioners sought review, maintaining they abated a public nuisance within the barangay captain’s powers.

ISSUE

Whether petitioners Natividad C. Cruz and Benjamin dela Cruz are administratively liable for their acts of summarily destroying the basketball ring.

RULING

Yes, the petitioners are administratively liable. The Supreme Court denied the petition and affirmed the Court of Appeals’ decision. The Court held that the petitioners’ acts, though allegedly well-intentioned to address community disturbances, were improper, excessive, and not legally sanctioned. The Court ruled that no public official is above the law. While a barangay captain has duties to enforce laws and maintain public order under the Local Government Code, the summary destruction of the basketball ring was not a valid exercise of the power to abate a nuisance. The basketball court was not a nuisance per se (a nuisance at all times and under any circumstances). At most, it could only be considered a nuisance per accidens (a nuisance based on circumstances), which cannot be summarily abated without a judicial determination following proper procedure. The petitioners acted instantaneously, without deliberation, consultation with the Sangguniang Barangay, or involvement of law enforcement, and did not follow the legal process for abating a nuisance. Therefore, petitioner Natividad C. Cruz was found liable for Conduct Prejudicial to the Best Interest of the Service, and petitioner Benjamin dela Cruz was reprimanded.