Fernando vs St.

Scholastica’s College
GR 1611107, 12 March 2013

Facts: Respondent SSC’s property is enclosed by a tall concrete perimeter fence. Marikina City
enacted an ordinance which provides that walls and fences shall not be built within a five-meter
allowance between the front monument line and the building line of an establishment.
The City Government of Marikina sent a letter to the respondents ordering them to
demolish, replace, and move back the fence. As a response, the respondents filed a petition for
prohibition with an application for a writ of preliminary injunction and temporary restraining order
before the Regional Trial Court of Marikina. The RTC granted the petition and the CA affirmed.
Hence, this certiorari.

Issue: Is Marikina Ordinance No. 192, imposing a five-meter setback, a valid exercise of police
power?

Ruling: No. “Police power is the plenary power vested in the legislature to make statutes and
ordinances to promote the health, morals, peace, education, good order or safety and general
welfare of the people.” Two tests have been used by the Court – the rational relationship test and
the strict scrutiny test:
Under the rational relationship test, an ordinance must pass the following requisites:
(1) the interests of the public generally, as distinguished from those of a particular class, require its
exercise; and (2) the means employed are reasonably necessary for the accomplishment of the
purpose and not unduly oppressive upon individuals.
The real intent of the setback requirement was to make the parking space free for use by the
public and not for the exclusive use of respondents. This would be tantamount to a taking of private
property for public use without just compensation. Anent the objectives of prevention of
concealment of unlawful acts and “un-neighborliness” due to the walls and fences, the parking area
is not reasonably necessary for the accomplishment of these goals. The Court, thus, finds Section 5
of the Ordinance to be unreasonable and oppressive. Hence, the exercise of police power is not valid.