Gancayco v.

City Government of Quezon City, 658 SCRA 853

FACTS: The Quezon City Council also issued Ordinance No. 2904, which orders the
construction of Arcades for Commercial Buildings. The ordinance was amended to not
require the properties located at the Quezon City - San Juan boundary, and commercial
buildings from Balete - Seattle Street to construct the arcades, moreover, Gancayco had
been successful in his petition to have his property, already covered by the amended
ordinance, exempted from the ordinance. MMDA on April 28, 2003, sent a notice to
Gancayco, under Ordinance no. 2904, part of his property had to be demolished, if he did
not clear that part within 15 days, which Gancayco did not comply with, and so the MMDA
had to demolish the party wall, or “wing walls.” Gancayco then filed a temporary
restraining order and/or writ of preliminary injunction before the RTC of Quezon City,
seeking to prohibit the demolition of his property, without due process and just
compensation, claiming that Ordinance no. 2904 was discriminatory and selective. He
sought the declaration of nullity of the ordinance and payment for damages. MMDA
contended that Gancayco cannot seek nullification of an ordinance that he already
violated, and that the ordinance had the presumption of constitutionality, and it was
approved by the Quezon City Council, taking to note that the Mayor signed the ordinance.

ISSUE: Whether or not MMDA was in their authority to demolish Gancayco’s property.

RULING: NO. The MMDA was only to enforce Authoritative power on development of
Metro Manila, and was not supposed to act with Police Power as they were not given
the authority to do such by the constitution, nor was it expressed by the DPWH when
the ordinance was enacted. Therefore, MMDA acted on its own when it illegally
demolished Gancayco’s property, and was solely liable for the damage.