Office of the Ombudsman v. Duterte

 

Office of the Ombudsman v. Duterte

G.R. No. 19820 & 198334

March 15, 2023

 

FACTS:

                The controversy in this case arose from a Canal-Cover Project by then Representative of the First District of Davao City, Prospero C. Nograles (Representative Nograles). The project in Quezon Boulevard, Davao City was allegedly made "to secure the residents and children from any untoward accident, prevent disposal of garbage and clogging of canal and prevent emission of foul odors." In their defense, the concerned city officials alleged that the Canal Cover Project was constructed by the Department of Public Works and Highways on top of a main drainage artery/canal, which receives water from Uyanguren, Gempesaw, Ponce, and Sauzo Streets, the Mini-Forest, Magsaysay Park, and a portion of Quezon Boulevard before flowing to the sea. They likewise alleged that the concrete cover was named "Nograles Park" in violation of the Local Government Code, which requires the approval of the Sangguniang Panlungsod for the naming and construction of public parks. The Office of the Ombudsman rendered its Decision finding Mayor Duterte, City Administrator Avisado, City Engineer Gestuveo, City Legal Officers Atty. Raño and Atty. Quitain, and Chief Jimlani guilty of simple neglect of duty and imposed the penalty of suspension from office for six months.

 

ISSUE:

                Whether or not the local government of Davao City, in demolishing the Canal-Cover Project, followed the legal procedure to abate such a nuisance.

 

HELD:

                YES. The law provides that the building official, in this instance the respondent City Engineer Gestuveo, may order the demolition or abatement of dangerous buildings and structures. Article 694 of the Civil Code defines a nuisance as "any act, omission, establishment, business, condition of property, or anything else which: (1) injures or endangers the health or safety of others; or (2) annoys or offends the senses; or (3) shocks, defies or disregards decency or morality; or (4) obstructs 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." It further defines a public nuisance as a nuisance which "affects a community or neighborhood or any considerable number of persons, although the extent of the annoyance, danger or damage upon individuals may be unequal." Nuisances are further defined by the method by which they could be abated. In Monteverde v. Generoso: Nuisances are of two classes: Nuisances per se and per accidens. As to the first, since they affect the immediate safety of persons and property, they may be summarily abated under the undefined law of necessity. But if the nuisance be of the second class, even the municipal authorities, under their power to declare and abate nuisances, would not have the right to compel the abatement of a particular thing or act as a nuisance without reasonable notice to the person alleged to be maintaining or doing the same of the time and place of hearing before a tribunal authorized to decide whether such a thing or act does in law constitute a nuisance. Both the Office of the Ombudsman and the Court of Appeals concluded that the Canal-Cover Project was not a nuisance per se, since it "did not affect the immediate safety of persons and property as an open canal would." While the local government of Davao City may have the power to declare and abate nuisances within their territory, it cannot unilaterally state as a fact that the Canal-Cover Project is a nuisance that must be abated if it is not a nuisance per se: It is clear that municipal councils have, under the code, the power to declare and abate nuisances, but it is equally clear that they do not have the power to find as a fact that a particular thing is a nuisance when such thing is not a nuisance per se; nor can they authorize the extrajudicial condemnation and destruction of that as a nuisance which in its nature, situation, or use is not such. These things must be determined in the ordinary courts of law.

No comments:

Post a Comment