FACTS: The consolidated petitions of Retired Justice Emilio Gancayco, City Government of Quezon City and the Metro
Manila Development Authority stemmed
from a local ordinance pertaining to Construction of Arcades, and the clearing of Public Obstructions. Gaycanco owns a property, of which he was able to obtain a
building permit for a two-storey commercial building, which was situated along EDSA, in an area which was designated as part of a Business/Commercial Zone by
the Quezon City Council. The Quezon City Council also issued Ordinance No. 2904, which orders the construction of Arcades for Commercial Buildings. The
ordinance was amended to not require the properties located at the Quezon City - San Juan boundary, and commercial buildings from Balete - Seattle Street to
construct the arcades, moreover, Gancayco had been successful in his petition to have his property, already covered by the amended ordinance, exempted from
the ordinance. MMDA on April 28, 2003, sent a notice to Gancayco, under Ordinance no. 2904, part of his property had to be demolished, if he did not clear that
part within 15 days, which Gancayco did not comply with, and so the MMDA had to demolish the party wall, or wing walls. Gancayco then filed a temporary
restraining order and/or writ of preliminary injunction before the RTC of Quezon City, seeking to prohibit the demolition of his property, without due process and just
compensation, claiming that Ordinance no. 2904 was discriminatory and selective. He sought the declaration of nullity of the ordinance and payment for damages.
MMDA contended that Gancayco cannot seek nullification of an ordinance that he already violated, and that the ordinance had the presumption of constitutionality,
and it was approved by the Quezon City Council, taking to note that the Mayor signed the ordinance. The RTC, however, declared that the Ordinance was
unconstitutional, invalid and void ab initio. MMDA appealed to the Court of Appeals, and the CA partly granted the appeal, with the contention that the ordinance
was to be modified; it was constitutional because the intention of the ordinance was to uplift the standard of living, and business in the commercial area, as well as
to protect the welfare of the general public passing by the area, however the injunction against the enforcement and implementation of the ordinance is lifted. With
that decision, the MMDA and Gancayco filed Motions for Reconsideration, which the CA denied, as both parties have no new issues raised. Therefore they
petitioned to the Court.
ISSUES: Whether or not the wing wall of Gancaycos property can be constituted as a public nuisance. Whether or not MMDA was in their authority to demolish
Gancaycos property.
HELD: The court affirmed the decision of the Court of Appeals. The court decided that the wing wall of Gancaycos building was not a nuisance per se, as under
Art. 694 of the Civil Code of the Philippines, nuisance is defined as any act, omission, establishment, business, condition or property, or anything else that (1)
injures of endangers the health or safety of the others; (2) annoys or offends the senses; (3) shocks, defies or disregards decency or morality; (4) obstruct or
interferes with the free passage of any public highway or street, or any body of water; or (5) hinders or impairs the use of property. A nuisance may be a nuisance
per se or a nuisance per accidens. A nuisance per se are those which affect the immediate safety of persons and property and may summarily be abated under the
undefined law of necessity. As Gaycanco was able to procure a building permit to construct the building, it was implied that the city engineer did not consider the
building as such of a public nuisance, or a threat to the safety of persons and property. The MMDA was only to enforce Authoritative power on development of
Metro Manila, and was not supposed to act with Police Power as they were not given the authority to do such by the constitution, nor was it expressed by the
DPWH when the ordinance was enacted. Therefore, MMDA acted on its own when it illegally demolished Gancaycos property, and was solely liable for the
damage.