Alangdeo et al v. City Mayor of Baguio et al.

GRN 206423, July 1, 2015

First Division; J. Perlas-Bernabe
Facts:
Respondent LGU issued a demolition order (DO) against petitioners for
building a residential structure and garage over the Atok Trail, Baguio
City without a building permit. Petitioners protested the DO in the RTC
and claimed that the lot is part of their ancestral property. The RTC
issued an injunction order against the LGU. But the CA reversed the trial
court and ruled that per a prior DENR case, private respondents owned
the lot.
Issue: Is the issuance of a summary eviction and DO proper?
Held: No
Under RA 7279 (Urban Development and Housing Act of 1992), only
professional squatters and new squatters are to be summarily evicted.
Petitioners are neither since their predecessors-in-interest have long
claimed the property even before 1992. Moreover, demolition may issue
in case if the structures are in danger areas, public areas; or in case a
government infrastructure project is about to be implemented; or in case
of a court ordered demolition. Since none of these circumstances are
present, the DO has no legal basis. Moreover, the building official, and
not the city mayor, has the authority to order a demolition, and under
proper procedure found in the National Building Code.