TITLE OF THE CASE: AQUINO VS.

MUNICIPALITY OF MALAY AKLAN

FACTS OF THE CASE:
Petitioner Crisostomo Aquino, is the President and chief executive officer of Boracay Island
West Cove Management Philippines, Inc. (Boracay west cove). The company applied for a
zoning compliance with the Municipal government of Malay, Aklan. While the company was
already operating a resort in the area, the application sought the issuance of a building permit
covering the construction of a 3-storey hotel over a parcel of land measuring 989 sqm.
Located in Sition, Diniwid, Barangay Balagab, BOracay Island, Malay Aklan which is
covered by a Forest Land Use Agreement for Tourism Purposes (FLAgt) issued by the DENR
in favor of Boracay West cove.
Through a decision on Zoning, the Municipal Zoning Administrator denied the petitioners
application on the ground that the proposed construction site was within the No Build zone
demarcated in Municipal Ordinance 2000-131. No Build Zone as provided for by Section
2 of the said ordinance has been defined as the space of 25 meters from the edge of the mean
high water mark measured inland.
Aquino, appealed the denial of the action to the Office of the Mayor however despite
followed up no action was ever taken by the Respondent Mayor. A cease and desist order was
issued by the municipal government, enjoining the expansion of the resort. And, on June 07,
2011 the office of the Mayor of Malay, Aklan issued the assailed EO 10, ordering the
demolition and closure of Boracays west coves hotel. By then, Petitioner filed a petition for
certiorari with prayer for injunctive relief with the CA alleging that the order was issued and
executed with grave abuse of discretion and that judicial proceedings should be first be
conducted before the respondent mayor could order the demolition of the companys
establishment.
Petioners Contention (Aquino in behalf of West Cove):
1. 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. The Municipality of Malay, Aklan should have first secured a court order before
proceeding with the Demolition.
Respondents Contention
1. Demolition needed no court order because the municipal mayor has the express power
under the Local Government Code to order the removal of illegally constructed
buildings.
The CA dismissed the petition solely on Procedural ground. The special writ of certiorari can
only be directed against a tribunal, board, or officer, exercising judicial or quasi judicial
functions and since the issuance of EO 10 was done in the exercise of executive functions and
not of judicial or quasi judicial functions.
ISSUE:
Whether or not petitioners right to due process was violated when the respondent mayor
ordered the closure and demolition of Boracay West Coves hotel without first conducting
judicial proceedings

HELD:
Generally, LGUs have no power to declare a particular thing as nuisance unless such thing is
a nuisance per se. Despite the hotels classification as nuisance per accidens, however the
court still find in this case that the LGU may nevertheless properly order the hotels
demolition. Because, in the exercise of police power and the general welfare clause, property
rights of an individuals may be subjected to restraints burdens in order to fulfil the objectives
of the government. Furthermore, insofar as illegal constructions are concerned, the mayor
can, after satisfying the requirement of due notice and hearing order their closure and
demolition. The Local Government Code authorizes city and municipal governments, acting
through their local chief executives, to issue demolition orders.
RULING:
WHEREFORE, in view of the foregoing, the petition is hereby DENIED for lack of merit.
The Decision and the Resolution of the Court of Appeals in CA-G.R. SP No. 120042 dated
August 13, 2013 and February 3, 2014, respectively, are hereby AFFIRMED.