October 1975 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
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G.R. No. L-27566 October 14, 1975 - ANTONIO RAQUIZA, ET AL. v. CITY OF MANILA, ET AL.:
SECOND DIVISION
[G.R. No. L-27566. October 14, 1975.]
HON. ANTONIO RAQUIZA, as Secretary of Public Works and Communications; BALTAZAR AQUINO, as Commission of Public Highways, and J.B. TAGORDA, as Division Engineer, 9th Engineering Division, Bureau of Public Highways, Petitioners, v. CITY OF MANILA, HON. ANTONIO VILLEGAS, as Mayor of the City of Manila; LADISLAO J. TOLENTINO, as City Engineer of Manila, and HON. HILARION U. JARENCIO, as Presiding Judge of Branch XXIII of the Court of First Instance of Manila, Respondents.
SYNOPSIS
Petitioners sought to nullify the order of the Court of First Instance directing them (a) to release to the City of Manila the sum allocated for the improvement of Harrison Boulevard, (b) to allow the city to undertake the improvement of that thoroughfare, and (c) to stop their existing projects. The petition was premised on the assumption that under Rep. Acts 917 and 1192, in relation to Section 79(c) of the Revised Administrative Code, the Secretary of Public Works has supervision and control over national roads in Manila and that the city government’s jurisdiction is confined to city projects financed with city funds.
Considering that the Harrison Boulevard is already improved and the sum allocated had been released and spent for, the Supreme Court dismissed the case for having become moot and academic.
Considering that the Harrison Boulevard is already improved and the sum allocated had been released and spent for, the Supreme Court dismissed the case for having become moot and academic.
SYLLABUS
1. CERTIORARI; DISMISSAL; MOOT AND ACADEMIC. — A petition for certiorari and prohibition to nullify an order of the trial court directing the national officials to release funds for the improvement of a city thoroughfare and to allow the city to undertake improvements thereon, will be dismissed for having been moot and academic where it appears that the thoroughfare had been improved and the funds released and spent for.
R E S O L U T I O N
AQUINO, J.:
This case is about the controversy between the national government and the City of Manila regarding the improvement of Harrison Boulevard.
The Secretary of Public Works and Communications, the Commissioner of Public Highways and a Division Engineer of the Bureau of Public Highways filed in this Court on May 19, 1967 these special actions of prohibition and certiorari in order to nullify the order dated May 12, 1967 of the Court of First Instance of Manila in Civil Case No. 67867.
In that order the lower court directed those national officials (a) to release to the City of Manila the sum of P815,000, as its allocation for the improvement of Harrison Boulevard, (b) to allow the city to undertake the improvement of that thoroughfare and (c) to stop their existing project of improving it.
The petition was premised on the assumption that under Republic Acts Nos. 917 and 1192, in relation to section 79(C) of the Revised Administrative Code, the Secretary has supervision and control over national roads in Manila and that the city government’s jurisdiction is confined to city projects financed with city funds.
The city officials in their answer alleged that Harrison Boulevard (as distinguished from F.B. Harrison Street) is a city street and that the undertaking of public highway projects in Manila is vested in its City Engineer under the administrative supervision of the Bureau of Public Highways.
Considering that it is a matter of judicial notice that Harrison Boulevard was already improved, this Court in its resolution of September 3, 1975 required the parties to manifest whether this case had become moot and academic.
The petitioners, through the Acting Solicitor General, manifested that, inasmuch as the sum of P815,000 had been released and spent for the improvement of Harrison Boulevard under the administration of the Bureau of Public Highways, the petition herein had become moot. Respondents City and City officials agreed with that observation.
WHEREFORE, this case is dismissed without costs.
SO ORDERED.
Manila, October 13, 1975.
Castro (Actg. C.J.), Antonio, Muñoz Palma and Martin, JJ., concur.
Barredo. J., did not take part.
Fernando and Concepcion, Jr., JJ., are on leave.
Muñoz Palma and Martin, JJ., were designated to sit in the Second Division.
The Secretary of Public Works and Communications, the Commissioner of Public Highways and a Division Engineer of the Bureau of Public Highways filed in this Court on May 19, 1967 these special actions of prohibition and certiorari in order to nullify the order dated May 12, 1967 of the Court of First Instance of Manila in Civil Case No. 67867.
In that order the lower court directed those national officials (a) to release to the City of Manila the sum of P815,000, as its allocation for the improvement of Harrison Boulevard, (b) to allow the city to undertake the improvement of that thoroughfare and (c) to stop their existing project of improving it.
The petition was premised on the assumption that under Republic Acts Nos. 917 and 1192, in relation to section 79(C) of the Revised Administrative Code, the Secretary has supervision and control over national roads in Manila and that the city government’s jurisdiction is confined to city projects financed with city funds.
The city officials in their answer alleged that Harrison Boulevard (as distinguished from F.B. Harrison Street) is a city street and that the undertaking of public highway projects in Manila is vested in its City Engineer under the administrative supervision of the Bureau of Public Highways.
Considering that it is a matter of judicial notice that Harrison Boulevard was already improved, this Court in its resolution of September 3, 1975 required the parties to manifest whether this case had become moot and academic.
The petitioners, through the Acting Solicitor General, manifested that, inasmuch as the sum of P815,000 had been released and spent for the improvement of Harrison Boulevard under the administration of the Bureau of Public Highways, the petition herein had become moot. Respondents City and City officials agreed with that observation.
WHEREFORE, this case is dismissed without costs.
SO ORDERED.
Manila, October 13, 1975.
Castro (Actg. C.J.), Antonio, Muñoz Palma and Martin, JJ., concur.
Barredo. J., did not take part.
Fernando and Concepcion, Jr., JJ., are on leave.
Muñoz Palma and Martin, JJ., were designated to sit in the Second Division.
