Social Justice Society vs. Hon. Lito Atienza, Jr. Mayor of Manila G.R. No. 156052 Digest

Social Justice Society (SJS), Vladimir Alarique T. Cabigao, and Bonifacio S. Tumbokon vs. Hon. Jose L. Atienza, jr., in his capacity as Mayor of Manila

G.R. No. 156052

March 7, 2007

Facts: On November 20, 2001, The Sangguniang Panglunsod of Maynila enacted Ordinance No. 8027. Hon. Jose L. Atienza, jr. approved the said ordinance on November 28, 2001. and it became effective on December 28, 2001. Ordinance No. 8027 reclassified the area of Pandacan and Sta. Ana from industrial to commercial and directed the owners and operators of businesses disallowed under Section 1 to cease and desist from operating their businesses within six months from the date of effectivity of the ordinance. Among the businesses situated in the area are the so-called Pandacan Terminals of the oil companies Caltex, Petron and Shell.

However, on June 26, 2002, the City of Manila and the Department of Energy entered into a memorandum of understanding with the oil companies in which they agreed that :scaling down of Pandacan Terminals was the most viable and practicable option. Under the memorandum of understanding, the City of Manila and the Department of Energy permits the Oil Companies to continuously operate in compliance with legal requirements, within the limited area resulting from the joint operations and the scale down program.

The Sangguniang Panlungsod ratified the memorandum of understanding in Resolution No. 97. In that resolution, the Sanggunian declared that the memorandum of understanding was effective only for a period of six months starting July 25, 2002. Thereafter, on January 30, 2003, the Sanggunian adopted Resolution No. 13 extending the validity of Resolution No. 97 to April 30, 2003 and authorizing Mayor Atienza to issue special business permits to the oil companies. Resolution No. 13, s. 2003 also called for a reassessment of the ordinance.

Issue: Whether or not respondent has the mandatory legal duty to enforce Ordinance No. 8027 and order the removal of the Pandacan Terminals. And Whether or not the June 26, 2002 memorandum of understanding and the resolutions ratifying it can amend or repeal Ordinance No. 8027.

Held: The Local Government Code imposes upon respondent the duty, as City Mayor of Manila, to enforce all laws and ordinances relative to the governance of the city. One of these is Ordinance No. 8027. As the chief executive of the city, he has the duty to put into effect Ordinance No. 8027 as long as it has not been repealed by the Sanggunian or negated by the courts.

On the other hand assuming that the terms of the memorandum of understanding were contradictory with Ordinance No. 8027, the resolutions which ratified it and made it binding on the City of Manila expressly gave it full force and effect only until April 30, 2003. There is nothing that legally hinders respondent from enforcing Ordinance No. 8027. Wherefore the Court Ordered Hon. Jose L. Atienza, Jr., as mayor of the city of Manila to immediately enforce Ordinance No. 8027.