The country’s first city established by Miguel Lopez de Legazpi who arrived in Cebu in 1565 was abolished by Act 116 on April 18, 1901 and converted into what was known as the Municipality of Cebu, its area was expanded by the integration of the Municipality of San Nicolas. Then on October 22, 1903 by virtue of Act 952 the municipalities of El Pardo and El Talamban were integrated to the Municipality of Cebu.
The Municipality of Cebu approved and published Ordinance No. 100 (April 23, 1910). It was, however, suspended by the Provincial Board of Cebu (legislations of the Municipality of Cebu were subject for review by the Provincial Board).
Among the provisions which were considered questionable were:
“13. Every building erected in “McClernand” street and its parallels toward the sea shall be of three stories: the first four meters in height, the second three meters and twenty centimeters, and the last four meters and fifty centimeters. Its front shall be in harmony with the ornamentation adopted by the municipality for this street and no permit shall be issued that does not fulfill the foregoing conditions. In the remaining streets of the same class as the preceding, houses of two stories may be erected, the first five meters in height and the second five, duly ornamented in the style of the government building of this city.
“15. All houses erected on streets of the second class must be of two stories, the first four meters in height, and the second four meters and twenty centimeters. The houses numbered 7 and 12 in “La Infanta” street are taken as models of the ornamentation for this class. Buildings known as warehouses, stores or shops, even when they have outwardly the appearance of dwelling-houses, are strictly prohibited in streets of the first and second class.”
John M. Switzer, a resident of the Municipality of Cebu challenged the legality of the ordinance as he was denied his application of a permit in the building of a storeroom/warehouse of Lots 3 and 4 of Block 2 of Cebu waterfront reclamation.