TATEL VS. MUNICIPALITY OF VIRAC [207 SCRA 157; G.R. No.

40243; 11 Mar 1992]

Facts: Petitioner Celestino Tatel owns a warehouse in barrio Sta. Elena, Municipality of Virac.

Complaints were received by the municipality concerning the disturbance caused by the operation of the
abaca bailing machine inside petitioner’s warehouse. A committee was then appointed by the municipal
council, and it noted from its investigation on the matter that an accidental fire within the warehouse of
the petitioner created a danger to the lives and properties of the people in the neighborhood. Resolution
No. 29 was then passed by the Municipal council declaring said warehouse as a public nuisance within a
purview of Article 694 of the New Civil Code. According to respondent municipal officials, petitioner’s
warehouse was constructed in violation of Ordinance No. 13, series of 1952, prohibiting the construction
of warehouses near a block of houses either in the poblacion or barrios without maintaining the necessary
distance of 200 meters from said block of houses to avoid loss of lives and properties by accidental fire.
On the other hand, petitioner contends that Ordinance No. 13 is unconstitutional.
Issues:
(1) Whether or not petitioner’s warehouse is a nuisance within the meaning Article 694 of  the Civil Code
(2) Whether or not Ordinance No. 13, series of 1952 of the Municipality of Virac is unconstitutional and
void.
Held: The storage of abaca and copra in petitioner’s warehouse is a nuisance under the provisions of
Article 694 of the Civil Code. At the same time, Ordinance No. 13 was passed by the Municipal Council
of Virac inthe exercise of its police power. It is valid because it meets the criteria for a valid municipal
ordinance: 1) must not contravene the Constitution or any statute, 2) must not be unfair or oppressive, 3)
must not be partial or discriminatory, 4) must not prohibit but may regulate trade, 5) must be general and
consistent with public policy, and 6) must not be unreasonable. The purpose of the said ordinance is to
avoid the loss ofproperty and life in case of fire which is one of the primordial obligation of government.
Petition DISMISSED.