Crisostomo B. Aquino v. Municipality of Malay, Aklan (G.r. No. 211356, September 29, 2014)
Crisostomo B. Aquino v. Municipality of Malay, Aklan (G.r. No. 211356, September 29, 2014)
Crisostomo B. Aquino v. Municipality of Malay, Aklan (G.r. No. 211356, September 29, 2014)
NATURE:
This is a Petition for Review on Certiorari challenging the Decision1 and
the Resolution of the Court of Appeals. The assailed rulings denied
Crisostomo Aquinos Petition for Certiorari for not being the proper remedy
to question the issuance and implementation of Executive Order No. 10,
Series of 2011 (EO 10), ordering the demolition of his hotel establishment.
FACTS:
Boracay Island West Cove Management Philippines, Inc. applied for a
building permit covering the construction of a three-storey hotel over a
parcel of land in Malay, Aklan, which is covered by a Forest Land Use
Agreement for Tourism Purposes (FLAgT) issued by the Department of
Environment and Natural Resources (DENR). The Municipal Zoning
Administrator denied petitioners application on the ground that the
proposed construction site was within the no build zone demarcated in
Municipal Ordinance 2000-131.
Petitioner appealed the denial action to the Office of the Mayor but despite
follow up, no action was ever taken by the respondent mayor.
Petitioner filed a Petition for Certiorari with prayer for injunctive relief with
the CA Alleging that the order was issued and executed with grave abuse
of discretion
ISSUE:
Whether the judicial proceedings should first be conducted before the
LGU can order the closure and demolition of the property in question.
HELD:
The Court ruled that the property involved cannot be classified as a
nuisance per se which can therefore be summarily abated. Here, it is
merely the hotels particular incident, its location and not its inherent
qualities that rendered it a nuisance. Otherwise stated, had it not been
constructed in the no build zone, Boracay West Cove could have secured
the necessary permits without issue. As such, even if the hotel is not a
nuisance per se, it is still a nuisance per accidens
FALLO:
Petition is denied