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1) Boracay West Cove applied for a building permit to construct a hotel but was denied because the site was within a "no build zone". The company continued construction anyway and the municipal government issued a cease and desist order and demolition order.
2) While the hotel was not a nuisance per se, as its location not inherent qualities caused issues, it was still a nuisance per accidens.
3) The court ruled that while local governments generally cannot declare something a nuisance unless it is per se, the municipal government was allowed to order demolition in this case due to its police powers and authority under the Local Government Code to issue demolition orders for establishments built without permits.
1) Boracay West Cove applied for a building permit to construct a hotel but was denied because the site was within a "no build zone". The company continued construction anyway and the municipal government issued a cease and desist order and demolition order.
2) While the hotel was not a nuisance per se, as its location not inherent qualities caused issues, it was still a nuisance per accidens.
3) The court ruled that while local governments generally cannot declare something a nuisance unless it is per se, the municipal government was allowed to order demolition in this case due to its police powers and authority under the Local Government Code to issue demolition orders for establishments built without permits.
1) Boracay West Cove applied for a building permit to construct a hotel but was denied because the site was within a "no build zone". The company continued construction anyway and the municipal government issued a cease and desist order and demolition order.
2) While the hotel was not a nuisance per se, as its location not inherent qualities caused issues, it was still a nuisance per accidens.
3) The court ruled that while local governments generally cannot declare something a nuisance unless it is per se, the municipal government was allowed to order demolition in this case due to its police powers and authority under the Local Government Code to issue demolition orders for establishments built without permits.
Topic: Nuisance/ Nature of case: Petition for Review on Certiorari
CRISOSTOMO B. AQUINO vs. MUNICIPALITY OF MALAY, AKLAN
G.R. No. 211356, September 29, 2014 Facts: Boracay West Cove applied for a zoning compliance seeking for issuance of building permit covering the construction of a three-storey hotel over a parcel of land which is under the Forest Land Use Agreement for Tourism Purposes (FLAgT) issued by the DENR. The Municipal Zoning Administrator denied petitioners application on the ground that the proposed construction site was within the no build zone. Petitioner appealed to the Office of the Mayor but no action was ever taken by the mayor. Meanwhile, petitioner continued with the construction, expansion, and operation of the resort hotel. A Cease and Desist Order was issued by the municipal government, enjoining the expansion of the resort and ordering the closure and demolition of Boracay West Coves hotel. Boracay West Cove filed a petition for Certiorari with prayer for injunctive relief with the Court of Appeals which denied the petition. Contentions of West Cove: 1) The hotel cannot summarily be abated because it is not a nuisance per se, given the hundred million peso-worth of capital infused in the venture. 2) Malay, Aklan should have first secured a court order before proceeding with the demolition. Contention of the Mayor: The demolition needed no court order because the municipal mayor has the express power under the Local Government Code (LGC) to order the removal of illegally constructed buildings. Issue: WON judicial proceedings should first be conducted before the LGU can order the closure and demolition of the property in question. Ruling: We agree with petitioners posture that the property involved cannot be classified as a nuisance per se which can therefore be summarily abated. The hotel, in itself, cannot be considered as a nuisance per se since this type of nuisance is generally defined as an act, occupation, or structure, which is a nuisance at all times and under any circumstances, regardless of location or surrounding. Here, it is merely the hotels particular incident, its location and not its inherent qualities that rendered it a nuisance. Otherwise stated, had it not been constructed in the no build zone, Boracay West Cove could have secured the necessary permits without issue. As such, even if the hotel is not a nuisance per se, it is still a nuisance per accidens. Generally, LGUs have no power to declare a particular thing as a nuisance unless such a thing is a nuisance per se. Despite the hotels classification as a nuisance per accidens, however, the LGU may nevertheless properly order the hotels demolition. This is because, in the exercise of police power and the general welfare clause, property rights of individuals may be subjected to restraints and burdens in order to fulfill the objectives of the government. Moreover, the Local Government Code authorizes city and municipal governments, acting through their local chief executives, to issue demolition orders. Under existing laws, the office of the mayor is given powers not only relative to its function as the executive official of the town; it has also been endowed with authority to hear issues involving property rights of individuals and to come out with an effective order or resolution thereon.Pertinent herein is Sec. 444 (b)(3)(vi) of the LGC, which empowered the mayor to order the closure and removal of illegally constructed establishments for failing to secure the necessary permits.