People Vs Fajardo
People Vs Fajardo
People Vs Fajardo
FAJARDO
A municipal ordinance prohibiting a building which would impair the
view of the plaza from the highway was likewise considered taking.
In these cases, it was held that the property owner was entitled to
payment of just compensation.
FACTS:
Fajardo and Babilonia (son-in law) are charged with violation of Ordinance 7
Series of 1950 of the Municipality of Baao, Camarines Sur which penalizes a
person who constructs a building without permit from the mayor.
Appellants were charged and convicted by peace court of Baoo for violating
such ordinance.
ISSUE:
WON Ordinance No. 7 prohibiting a building which would impair the view
of the plaza from the highway was considered taking?
HELD:
The ordinance doesn’t state any standard that limits the grant of power to
the mayor. It is an arbitrary and unlimited conferment.
Fajardo would be constrained to let the land be fallow and not be used for
urban purposes. To do this legally, there must be just compensation and
they must be given an opportunity to be heard.
Hence, the conviction of herein appellants is reversed, and said accused are
acquitted, with costs de oficio.