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    Albon Vs Bayani Fernando

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    MeAnn Tumbaga
    The Supreme Court upheld the validity of an ordinance by the City of Marikina to widen, clear, and repair existing sidewalks in the Marikina Greenheights Subdivision. The petitioner claimed this was unconstitutional, as the subdivision was privately owned. However, the Court ruled that as an LGU, Marikina has police powers to enact regulations to protect public health, safety, and welfare. Sidewalks are considered public areas under the law. Therefore, Marikina was authorized to carry out the project under its police powers.

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    Albon Vs Bayani Fernando

    Uploaded by

    MeAnn Tumbaga
    164 views1 page
    The Supreme Court upheld the validity of an ordinance by the City of Marikina to widen, clear, and repair existing sidewalks in the Marikina Greenheights Subdivision. The petitioner claimed this was unconstitutional, as the subdivision was privately owned. However, the Court ruled that as an LGU, Marikina has police powers to enact regulations to protect public health, safety, and welfare. Sidewalks are considered public areas under the law. Therefore, Marikina was authorized to carry out the project under its police powers.

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    The Supreme Court upheld the validity of an ordinance by the City of Marikina to widen, clear, and repair existing sidewalks in the Marikina Greenheights Subdivision. The petitioner claimed this was unconstitutional, as the subdivision was privately owned. However, the Court ruled that as an LGU, Marikina has police powers to enact regulations to protect public health, safety, and welfare. Sidewalks are considered public areas under the law. Therefore, Marikina was authorized to carry out the project under its police powers.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    164 views1 page

    Albon Vs Bayani Fernando

    Uploaded by

    MeAnn Tumbaga
    The Supreme Court upheld the validity of an ordinance by the City of Marikina to widen, clear, and repair existing sidewalks in the Marikina Greenheights Subdivision. The petitioner claimed this was unconstitutional, as the subdivision was privately owned. However, the Court ruled that as an LGU, Marikina has police powers to enact regulations to protect public health, safety, and welfare. Sidewalks are considered public areas under the law. Therefore, Marikina was authorized to carry out the project under its police powers.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Albon vs Bayani Fernando

    G.R. No. 148357 June 30, 2006

    Facts: Pursuant to Ordinance No. 59, the City of Marikina undertook a public works project to widen,
    clear and repair the existing sidewalks of Marikina Greenheights Subdivision

    Petitioner filed a taxpayer’s suit for certiorari, prohibition and injunction with damages against the
    respondents claiming that it was unconstitutional and unlawful for respondents to use government
    equipment and property, and to disburse public funds, of the City of Marikina for the grading, widening,
    clearing, repair and maintenance of the existing sidewalks of Marikina Greenheights Subdivision as it
    was privately owned by V.V. Soliven, Inc.

    RTC denied his petition ruling that the City of Marikina was authorized to carry out the contested
    undertaking pursuant to its inherent police power. CA sustained RTC's ruling on the ground that the
    ordinance is valid. Hence, this petition

    Issue: Is the ordinance valid?

    Ruling:

    Like all LGUs, the City of Marikina is empowered to enact ordinances for the purposes set forth in the
    Local Government Code (RA 7160). It is expressly vested with police powers delegated to LGUs under
    the general welfare clause of RA 7160.8 With this power, LGUs may prescribe reasonable regulations to
    protect the lives, health, and property of their constituents and maintain peace and order within their
    respective territorial jurisdictions.9

    There is no question about the public nature and use of the sidewalks in the Marikina Greenheights
    Subdivision. One of the "whereas clauses" of PD 121612 (which amended PD 95713) declares that open
    spaces,14 roads, alleys and sidewalks in a residential subdivision are for public use and beyond the
    commerce of man. In conjunction herewith, PD 957, as amended by PD 1216, mandates subdivision
    owners to set aside open spaces which shall be devoted exclusively for the use of the general public.

    Thus, the trial and appellate courts were correct in upholding the validity of Ordinance No. 59, s. 1993. It
    was enacted in the exercise of the City of Marikina’s police powers to regulate the use of sidewalks

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