Court of Appeals junks suit vs Marikina

The Marikina City government recently won a case against a resident who sued Marikina officials led by Mayor Bayani Fernando over sidewalk widening and maintenance project.

The decision of Court of Appeals Manila Associate Justice Ramon Barcelona dismissed the case against the improvement or widening of the sidewalks of Marikina Greenheights Subdivision, stating it is well within the local government’s powers and does not have any legal infirmity.

The petitioner, Aniano Albon of the said subdivision, filed a case against Marikina officials for allegedly "illegally using government equipment and property; disbursing public funds of the city in the widening, clearing and undertaking public works; and repair of the existing sidewalks of Marikina Greenheights Subdivision."

Albon argued that the sidewalks of the subdivision are private property and the public works undertaken by the city government is illegal since there was no appropriation for the project and the city government cannot use public resources on private property.