GR L 3602; (January, 1953) (Digest)
G.R. No. L-3602 January 30, 1953
WONG SIU TONG, plaintiff-appellee, vs. ALEJO AQUINO, defendant-appellant.
FACTS
Plaintiff Wong Siu Tong was granted a permit to erect a building at the corner of Echague Street and Plaza Goiti in Manila. The City Engineer revoked this permit upon finding the construction deviated from the approved plans and specifications. A second permit was issued after the plaintiff promised to remove the portion encroaching on the new building line on Echague Street and follow a new set of approved plans, but he failed to comply, leading to a second revocation. The plaintiff then applied for a third permit with different plans, proceeded with construction without any permit, and, when ordered to stop by the City Engineer, filed an action in the Court of First Instance of Manila to enjoin the enforcement of the stop order. The lower court granted the injunction, and the City Engineer appealed.
ISSUE
Whether the writ of injunction was properly granted to restrain the City Engineer from enforcing the stop order against the plaintiff’s construction.
RULING
No. The Supreme Court reversed the lower court’s judgment and denied the petition for injunction. The Revised Ordinances of Manila (Section 104) expressly require the City Engineer to revoke a building permit and order work stopped if construction violates the approved plans, and declare it unlawful to perform any work thereafter. The Court held that the writ of injunction should not be used to restrain a public officer from performing a statutory duty or to permit an unlawful act. The plaintiff’s persistent violation of the ordinances and lack of a valid permit rendered the construction illegal. The Court noted that even if the Municipal Board had passed a resolution allowing the plaintiff to follow the old building line under certain conditions, the plaintiff would still need to comply with other ordinances, such as those requiring arcades. The proper remedy, if the plaintiff believed his latest plans should be approved, was to seek a writ of mandamus to compel approval, not an injunction to continue unlawful construction.