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institute the necessary action to enjoin the collection of parking fees as well as to
enforce the penal sanctions of the National Building Code.
Two civil cases arise and by being of the same subject matter, the RTC Makati
issued an order to consolidate the cases. The court ruled that the respondents are
not obligated to provide parking spaces that are free of charge, compelling them to
do so would be an unlawful taking of property right without just compensation. The
petitioners sought for relief by filing a Motion for Reconsideration in the Court of
Appeals but the appellate court denied the appeal and affirmed the joint decision
by the RTC.
Hence, this present petition with a single assignment of error that the Court of
Appeals erred in affirming the ruling of the lower court.
Issue: Whether or not the property right of the respondents can be taken so as to
provide free parking spaces for the general public welfare.
Held: The court affirmed the previous decision that the respondents are not
obliged to provide free parking spaces. There is no pertaining provision in the
National Building Code that expressly provides the same. The law is clear and
unequivocal that it needs no further interpretation, it only provides for
measurement requirements of the parking spaces. The OSG cannot rely on their
invoked provisions; they even failed to consider the substantial differences and
legal backgrounds on the jurisprudence they are insisting.
Wherefore, the instant petition is hereby DENIED. Previous ruling AFFIRMED. No
Costs.