October 1981 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
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G.R. No. L-56921 October 23, 1981 - GOTARDO FLORDELIS v. BENJAMIN MARCIAL:
SECOND DIVISION
[G.R. No. L-56921. October 23, 1981.]
GOTARDO FLORDELIS, Petitioner, v. BENJAMIN MARCIAL, ALBERTO CASTAÑEDA, ERNESTO ROLDAN, BARTOLOME CALVO ADELAIDA PAYLADO, PORFERIO KEE, ALBERTO TABASERA, LIEUTENANT COLONEL PATRICK MADAYAG, JOVENCIO S. ORCULLO (City Fiscal of Tagbilaran City), JOSE MA. ROCHA (City Mayor of Tagbilaran City), CESAR ORBE and ASSISTANT MINISTER ROSALIO A. MALLONGA (Ministry of Public Works), Respondents.
Amado G. Olis for Petitioner.
Fiscal Jovencio Orcullo for Respondents.
SYNOPSIS
Petitioner, the administrator of the Bohol School of Arts and Trades at Tagbilaran, Bohol, was charged in Criminal Case No. 2045 with having violated the National Building Code. The Ministry of Public Works was of the impression that the school building might have structural defects and that the addition of new floors might be unwarranted. An inspection team composed of the respondent officials was created to investigate the structural stability of the building and after finding the same defective, closure orders were issued. Petitioner filed before the Supreme Court a special civil action of prohibition to restrain respondent officials from closing the school and inspecting the building for the alleged purpose of searching "for incriminating evidence of violations" of law and harassment. At the hearing, petitioner agreed to allow inspection of the building in the presence of his representatives. Later the Solicitor General alleged in his manifestation that the inspection was carried out accordingly. The Court dismissed the case and considered it closed as the issues have become moot and academic. The temporary restraining order was dissolved but respondents were enjoined from carrying out, without petitioner’s consent, a "seismic test" on the building.
SYLLABUS
REMEDIAL LAW; SPECIAL CIVIL ACTIONS; PROHIBITION; DISMISSAL THEREOF WHERE CASE HAS BECOME MOOT AND ACADEMIC; CASE AT BAR. — Where administrator of the Bohol School of Arts and Trades at Tagbilaran City, filed a special civil action of prohibition in the Supreme Court to restrain the respondent officials from closing the school and inspecting the building of the said school for the alleged purpose of searching "for incriminating evidence of violations" of law and harassing the petitioner, but at the hearing of the case, the latter agreed to allow the inspection in the presence of his representatives and later the Solicitor General manifested that such inspection was carried out with petitioner’s consent, this case is dismissed and considered closed but respondents are enjoined from carrying out, without petitioner’s consent, a "seismic test" by ramming the building with a bulldozer.
R E S O L U T I O N
AQUINO, J.:
Gotardo Flordelis, the administrator of the Bohol School of Arts and Trades at Tagbilaran City, filed this special civil action of prohibition to restrain the respondents (the city mayor, fiscal and engineer of Tagbilaran City, an Assistant Minister and certain officials of the Ministry of Public Works assigned in Central Visayas and the provincial commander of Bohol) from closing the school and inspecting the building of the said school for the alleged purpose of searching "for incriminating evidence of violations" of law and harassing the petitioner.
City Fiscal Jovencio S. Orcullo (concurrently acting provincial fiscal), in his own behalf and as counsel for the city mayor, the city engineer and the provincial commander, explained in his comment on the petition why the petitioner was charged in Criminal Case No. 2045 with having violated the National Building Code, why an inspection team (composed of the respondent officials) was created to investigate the structural stability of the school building and why stoppage and closure orders were issued.cralawnad
Regional Director Benjamin T. Marcial of the Ministry of Public Works revealed in his comment the bases of his impression that the said building might have structural defects and that the addition of new floors might be unwarranted. He recounted how the investigating team was organized. He showed the unreasonableness of Flordelis’ refusal to allow the team to investigate the construction of the building.
This case was heard on August 10, 1981. At that hearing, the petitioner agreed to allow the inspection of the building in the presence of his representatives. Some Members of the Court counselled the petitioner to improve his public relations with the respondents and not to treat his school as an enclave of which he is the undisputed sovereign and which is off limits to the respondents.
The Solicitor General, as counsel for respondent officials of the Ministry of Public Works and the provincial commander alleged in his manifestation of September 4, 1981 that a team of engineers from the Ministry of Public Works and the city engineer’s office inspected the school building in the presence of the petitioner’s representatives from the Ministry of Education and Culture.chanrobles.com.ph : virtual law library
The Solicitor General observed that the petition had become moot because its purpose was to restrain the inspection of the building by the respondents and such inspection was carried out with petitioner’s consent on August 19, 1981.
WHEREFORE, this case is dismissed and considered closed. The temporary restraining order is dissolved. However, the respondents are enjoined from carrying out, without petitioner’s consent, a "seismic test" by ramming the building with a bulldozer, as alleged by petitioner’s counsel in his manifestation of August 20, 1981. No costs.
SO ORDERED.
Barredo (Chairman), Concepcion Jr., Abad Santos and De Castro, JJ., concur.
City Fiscal Jovencio S. Orcullo (concurrently acting provincial fiscal), in his own behalf and as counsel for the city mayor, the city engineer and the provincial commander, explained in his comment on the petition why the petitioner was charged in Criminal Case No. 2045 with having violated the National Building Code, why an inspection team (composed of the respondent officials) was created to investigate the structural stability of the school building and why stoppage and closure orders were issued.cralawnad
Regional Director Benjamin T. Marcial of the Ministry of Public Works revealed in his comment the bases of his impression that the said building might have structural defects and that the addition of new floors might be unwarranted. He recounted how the investigating team was organized. He showed the unreasonableness of Flordelis’ refusal to allow the team to investigate the construction of the building.
This case was heard on August 10, 1981. At that hearing, the petitioner agreed to allow the inspection of the building in the presence of his representatives. Some Members of the Court counselled the petitioner to improve his public relations with the respondents and not to treat his school as an enclave of which he is the undisputed sovereign and which is off limits to the respondents.
The Solicitor General, as counsel for respondent officials of the Ministry of Public Works and the provincial commander alleged in his manifestation of September 4, 1981 that a team of engineers from the Ministry of Public Works and the city engineer’s office inspected the school building in the presence of the petitioner’s representatives from the Ministry of Education and Culture.chanrobles.com.ph : virtual law library
The Solicitor General observed that the petition had become moot because its purpose was to restrain the inspection of the building by the respondents and such inspection was carried out with petitioner’s consent on August 19, 1981.
WHEREFORE, this case is dismissed and considered closed. The temporary restraining order is dissolved. However, the respondents are enjoined from carrying out, without petitioner’s consent, a "seismic test" by ramming the building with a bulldozer, as alleged by petitioner’s counsel in his manifestation of August 20, 1981. No costs.
SO ORDERED.
Barredo (Chairman), Concepcion Jr., Abad Santos and De Castro, JJ., concur.
