SC rules MMDA acted illegally in demolishing wall of building owned by retired justice on Edsa
By Benjamin B. Pulta 10/16/2011The Supreme Court has ruled the Metropolitan Manila Development Authority (MMDA) acted illegally in demolishing the wall of a building owned by retired SC Justice Emilio Gancayco along Edsa.
In a 19-page decision by Justice Maria Lourdes Sereno, the SC en banc upheld the decision of the Court of Appeals (CA) which held the MMDA went beyond its powers when it demolished the subject property eight years ago.
The MMDA claimed that it demolished the property pursuant to the Building Code in relation to Quezon City Ordinance No. 2904 issued on March 27, 1956 which required the relevant property owner to construct an arcade with a width of 4.50 meters and height of five meters along Edsa from the north side of Santolan road to one lot after Liberty Avenue, and from one lot before Central Boulevard to the Botocan transmission line.
The SC, however, pointed out under sections 205, 207 and 215 of the Building Code, the authority to order the demolition of any structure lies with the building official..... MORE
Source: The Daily Tribune
URL: http://www.tribuneonline.org/metro/20111016met2.html
1 comment
buti nga, abusadong mmda
"The SC, however, pointed out under sections 205, 207 and 215 of the Building Code, the authority to order the demolition of any structure lies with the building official.
"Moreover, Ordinance No. 2904 clearly states that it is the regular courts that will determine whether there was a violation of the ordinance and also does not include the demolition of illegally constructed buildings in case of violations as among the prescribed penalties for violations."
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