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G.R. No. L-3738, November 20, 1951
The appellant through a resolution closed a road which ran through the public market and Abellas
property. Portion of the road was closed for the expansion of the public market. As a result of the closure
and subsequent expansion permanent structures were built. These improvements chomped off the
sidewalk and abutted to the petitioners property, they extended to the middle of a street depriving Abella
of the use thereof. Abella sought damages from the CFI of Camarines Sur, which ruled in her favor by
ordering the municipality to pay P300 pesos for damages. Aggrieved, the municipality appealed to the
Whether or not the municipality is liable for damages considering that it merely exercised its police
power to preserve peace and good order of the community and promote general welfare.
Yes. The municipality was not charged with any unlawful act, or with invading Abellas property rights, it
was not found guilty of any such acts. What is in issue in this case is the liability for damages. Sec. 2246
of the Revised Administrative Code provides:
No municipal road, street, etc. or any part thereof shall be closed without
indemnifying any person.