DIVISION
[ GR No. 187378, Sep 30, 2013 ]
RAMONITO O. ACAAC v. MELQUIADES D. AZCUNA +
RESOLUTION
G.R. No. 187378
PERLAS-BERNABE, J.:
Assailed in this petition for review on certiorari[1] are the Decision[2] dated September 30, 2008 and
Resolution[3] dated March 9, 2009 of the Court of Appeals (CA) in CA-G.R. CV No. 00284-MIN which
reversed and set aside the Decision[4] dated November 26, 2004 of the Regional Trial Court of
Oroquieta City, Branch 2 (RTC) in Civil Case No. 4684 for injunction.
The Facts
Petitioner People's Eco-Tourism and Livelihood Foundation, Inc. (PETAL) is a non-governmental
organization, founded by petitioner Ramonito O. Acaac, which is engaged in the protection and
conservation of ecology, tourism, and livelihood projects within Misamis Occidental.[5] In line with its
objectives, PETAL built some cottages made of indigenous materials on Capayas Island (a 1,605 square
meter islet) in 1995 as well as a seminar cottage in 2001[6] which it rented out to the public and became
the source of livelihood of its beneficiaries,[7] among whom are petitioners Hector Acaac and Romeo
Bulawin.
On April 11 and May 20, 2002, however, respondents Mayor Melquiades D. Azcuna, Jr. (Azcuna) and
Building Official Marietes B. Bonalos issued separate Notices of Illegal Construction against PETAL for its
failure to apply for a building permit prior to the construction of its buildings in violation of Presidential
Decree No. 1096,[8] otherwise known as the "National Building Code of the Philippines," ordering it to
stop all illegal building activities on Capayas Island. When PETAL failed to comply with the requirements
for the issuance of a building permit, a Third and Final Notice of Illegal Construction was issued by
respondents against it on July 8, 2002,[9] but still the same remained unheeded.
It was also on July 8, 2002 that the Sangguniang Bayan of Lopez Jaena (SB) adopted Municipal Ordinance
No. 02, Series of 2002[10] (subject ordinance) which prohibited, among others: (a) the entry of any
entity, association, corporation or organization inside the sanctuaries;[11] and (b) the construction of
any structures, permanent or temporary, on the premises, except if authorized by the local
government.[12] On July 12, 2002, Azcuna approved the subject ordinance; hence, the same was
submitted to the Sangguniang Panlalawigan of Misamis Occidental (SP), which in turn, conducted a joint
hearing on the matter. Thereafter, notices were posted at the designated areas, including Capayas
Island, declaring the premises as government property and prohibiting ingress and egress thereto.[13]
On August 23, 2002, a Notice of Voluntary Demolition was served upon PETAL directing it to remove the
structures it built on Capayas Island. Among the reasons cited was its violation of the subject ordinance.
A similar notice was also served against individual petitioners on October 25, 2002.[14]
On October 29, 2002, petitioners filed an action praying for the issuance of a temporary restraining
order, injunction and damages[15] against respondents before the RTC, docketed as Civil Case No. 4684,
alleging that they have prior vested rights to occupy and utilize Capayas Island. PETAL claimed that its
predecessors-in-interest have been in possession thereof since 1961, with whom it entered into a
Memorandum of Agreement for the operation of the said island as a camping, tourism, and recreational
resort; thus, the issuance of the subject ordinance was prejudicial to their interest as they were deprived
of their livelihood. Moreover, PETAL assailed the validity of the subject ordinance on the following
grounds: (a) it was adopted without public consultation; (b) it was not published in a newspaper of
general circulation in the province as required by Republic Act No. 7160,[16] otherwise known as "The
Local Government Code of 1991" (LGC); and (c) it was not approved by the SP. Therefore, its
implementation should be enjoined.[17]
In their Answer,[18] re
