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Tuesday, April 16, 2013

CAN A RESOLUTION BY A LOCAL SANGGUNIAN BE ATTACKED VIA A SPECIAL CIVIL ACTION FOR CERTIORARI?


May a petition for certiorari be sustained to nullify or set aside a resolution passed by a local legislative council merely expressing its sentiment for the expropriation of a private property?


The relevant portions of the decision are quoted as follows:

xxx The petitioners owned a parcel of land with an area of 1,044 square meters situated between Nueve de Febrero Street and Fernandez Street in Barangay Mauway, Mandaluyong City.  Half of their land they used as their residence, and the rest they rented out to nine other families.  Allegedly, the land was their only property and only source of income.

On October 2, 1997, the Sangguniang Panglungsod of Mandaluyong City adopted Resolution No. 552, Series of 1997, to authorize then City Mayor Benjamin S. Abalos, Sr. to take the necessary legal steps for the expropriation of the land of the petitioners for the purpose of developing it for low cost housing for the less privileged but deserving city inhabitants.

xxx Notwithstanding that the enactment of Resolution No. 552 was but the initial step in the City’s exercise of its power of eminent domain granted under Section 19 of the Local Government Code of 1991, the petitioners became alarmed, and filed a petition for certiorari and prohibition in the RTC, praying for the annulment of Resolution No. 552 due to its being unconstitutional, confiscatory, improper, and without force and effect.

The City countered that Resolution No. 552 was a mere authorization given to the City Mayor to initiate the legal steps towards expropriation, which included making a definite offer to purchase the property of the petitioners; hence, the suit of the petitioners was premature.xxx

For certiorari to prosper, therefore, the petitioner must allege and establish the concurrence of the following requisites, namely: 
(a) The writ is directed against a tribunal, board, or officer exercising judicial or quasi-judicial functions;
(b) Such tribunal, board, or officer has acted without or in excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction; and
(c) There is no appeal or any plain, speedy, and adequate remedy in the ordinary course of law.

The first requisite is that the respondent tribunal, board, or officer must be exercising judicial or quasi-judicial functions. Judicial function, according to Bouvier, is the exercise of the judicial faculty or office; it also means the capacity to act in a specific way which appertains to the judicial power, as one of the powers of government. “The term,” Bouvier continues,  “is used to describe generally those modes of action which appertain to the judiciary as a department of organized government, and through and by means of which it accomplishes its purpose and exercises its peculiar powers.”
Based on the foregoing, certiorari did not lie against the Sangguniang Panglungsod, which was not a part of the Judiciary settling an actual controversy involving legally demandable and enforceable rights when it adopted Resolution No. 552, but a legislative and policy-making body declaring its sentiment or opinion.

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