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    CITY ENGINEER OF BAGUIO v. HON. DOMOGAN

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    SachieCasimiro
    Rolando Baniqued filed a complaint seeking to prohibit the demolition of his house, which the Baguio City Mayor had issued a Notice of Demolition for. The trial court dismissed Baniqued's complaint. However, the Court of Appeals ruled that the act of the City Mayor in issuing a Notice of Demolition is a quasi-judicial function, as the Mayor is given authority to hear issues involving property rights. The Supreme Court affirmed this ruling, stating that under existing laws the office of the mayor is endowed with authority to hear property right issues and issue effective orders, thereby exercising quasi-judicial functions such as issuing demolition notices.

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    CITY ENGINEER OF BAGUIO v. HON. DOMOGAN

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    SachieCasimiro
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    Rolando Baniqued filed a complaint seeking to prohibit the demolition of his house, which the Baguio City Mayor had issued a Notice of Demolition for. The trial court dismissed Baniqued's complaint. However, the Court of Appeals ruled that the act of the City Mayor in issuing a Notice of Demolition is a quasi-judicial function, as the Mayor is given authority to hear issues involving property rights. The Supreme Court affirmed this ruling, stating that under existing laws the office of the mayor is endowed with authority to hear property right issues and issue effective orders, thereby exercising quasi-judicial functions such as issuing demolition notices.

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    Rolando Baniqued filed a complaint seeking to prohibit the demolition of his house, which the Baguio City Mayor had issued a Notice of Demolition for. The trial court dismissed Baniqued's complaint. However, the Court of Appeals ruled that the act of the City Mayor in issuing a Notice of Demolition is a quasi-judicial function, as the Mayor is given authority to hear issues involving property rights. The Supreme Court affirmed this ruling, stating that under existing laws the office of the mayor is endowed with authority to hear property right issues and issue effective orders, thereby exercising quasi-judicial functions such as issuing demolition notices.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    29 views1 page

    CITY ENGINEER OF BAGUIO v. HON. DOMOGAN

    Uploaded by

    SachieCasimiro
    Rolando Baniqued filed a complaint seeking to prohibit the demolition of his house, which the Baguio City Mayor had issued a Notice of Demolition for. The trial court dismissed Baniqued's complaint. However, the Court of Appeals ruled that the act of the City Mayor in issuing a Notice of Demolition is a quasi-judicial function, as the Mayor is given authority to hear issues involving property rights. The Supreme Court affirmed this ruling, stating that under existing laws the office of the mayor is endowed with authority to hear property right issues and issue effective orders, thereby exercising quasi-judicial functions such as issuing demolition notices.

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    © All Rights Reserved
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    CITY ENGINEER OF BAGUIO v. HON.

    DOMOGAN

    FACTS: Generoso Bonifacio, acting as the attorney-in-fact of Purificacion de Joya and


    companions, filed a complaint with the Office of the Mayor of Baguio City seeking the
    demolition of a house built on a parcel of land located at Upper Quezon Hill, Baguio
    City.On May 19, 1999, Domogan, then city mayor of Baguio City, issued Notice of
    Demolition against spouses Rolando and Fidela Baniqued. Aggrieved, Rolando
    Baniqued filed a complaint for prohibition with TRO/injunction before Branch 60 of the
    RTC in Baguio City. In his complaint, Baniqued alleged that the intended demolition of
    his house was done without due process of law. Baniqued argued that Article 536 of the
    Civil Code should be applied, so too are Section 28 of Republic Act 7279, National
    Building Code or PD No. 1096 and the 1991 Local Government Code which does not
    empower the mayor to order the demolition of anything unless the interested party was
    afforded prior hearing and unless the provisions of law pertaining to demolition are
    satisfied. On June 7, 1999, the RTC enjoined the carrying out of the demolition of the
    house of Baniqued and 4 months later, the RTC granted the motion of petitioners and
    dismissed the complaint of Baniqued. The latter moved for reconsideration which was
    opposed and on March 3, 2000, the RTC denied the motion. Baniqued appealed the
    decision of the RTC where the Court of Appeals sustained Baniqued and held that the
    mayor, although an executive official, has also been given the authority to hear
    controversies involving property rights in the exercise of his quasi-judicial functions. Left
    with no other recourse, petitioners interposed the present appeal.

    ISSUE: Whether or not the Court of Appeals gravely erred and abused its discretion in
    ruling that the act of the City Mayor in issuing a notice of demolition is a quasi-judicial
    function. 

    RULING: No. 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. In this manner, it exercises quasi-judicial
    functions. This power is obviously a truism in the matter of issuing demolition notices
    and/or orders against squatters and illegal occupants through some of its agencies or
    authorized committees within its respective municipalities or cities.

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