MMDA illegally demolished retired justice's building - SC

MANILA, Philippines - The Metropolitan Manila Development Authority (MMDA) illegally demolished part of a building owned by a retired Supreme Court justice along EDSA, the SC ruled.

In a 19-page decision penned by Justice Maria Lourdes Sereno, the SC unanimously affirmed a Court of Appeals ruling which held that the MMDA went beyond its powers when it demolished in 2003 the party or wing walls of a building owned by retired SC Justice Emilio Gancayco.

The MMDA said it was complying with the Building Code in relation to Quezon City Ordinance 2904, issued in 1956.

The SC, however, said under the Building Code, the authority to order the demolition of any structure lies with the city building officials. The High Court also said the ordinance states the regular courts determine whether there is a violation of the ordinance and demolition is not among its prescribed penalties.

Citing the MMDA versus Trackworks case, the High Court stressed that the MMDA does not have the power to enact ordinances and thus “cannot supplement” Quezon City Ordinance 2904 through Metro Manila Council Resolution 02-28, issued in 2002, authorizing it to “clear the sidewalks, streets, avenues, alleys, bridges, parks, and other public places in Metro Manila of all illegal structures and obstructions.”

The SC also said the city government did not delegate its power to the MMDA.

As for the city ordinance, the High Court said a 1966 exemption the city council gave Gancayco indicate that the wing walls are not nuisances.

The SC also ruled that Gancayco may still question the constitutionality of the ordinance on the ground of taking of private property without due process of law and just compensation as it was only in 2003 that he was deprived of his property when the MMDA demolished a portion of the building.