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Aquino vs. Municipality of Malay Aklan

The petitioner sought a building permit to construct a three-story hotel on land covered by a Forest Land Use Agreement issued by the DENR. However, the municipal zoning administrator denied the permit because the proposed site was within a "no build zone" under a municipal ordinance. The Supreme Court ruled that the municipal ordinance prevailed over the FLAgT and the denial of the permit was proper, as forestlands are still subject to territorial jurisdiction and laws of local government units.

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825 views1 page

Aquino vs. Municipality of Malay Aklan

The petitioner sought a building permit to construct a three-story hotel on land covered by a Forest Land Use Agreement issued by the DENR. However, the municipal zoning administrator denied the permit because the proposed site was within a "no build zone" under a municipal ordinance. The Supreme Court ruled that the municipal ordinance prevailed over the FLAgT and the denial of the permit was proper, as forestlands are still subject to territorial jurisdiction and laws of local government units.

Uploaded by

Dawn Jessa Go
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

3.

AQUINO vs. MUNICIPALITY OF MALAY, AKLAN


G.R. No. 211356, September 29, 2014

FACTS:
Petitioner is the president and chief executive officer of Boracay Island West Cove
Mnagement Philippines, Inc. (Boracay West Cover). While the company was already
operating a resort in Malay, Aklan, it filed for an application seeking the issuance of a
building permit covering the construction of a three-storey hotel over a parcel of land
measuring 998 sqm. Located in Sitio Diniwid, Brgy. Balagab, Boracay Island, Malay,
Aklan, which is covered by a Forest Land Use Agreement for Tourist Purposes (FLAgT)
issued by the DENR in favor of the Boracay West Cove.
However, the Municipal Zoning Administrator denied the petitioner’s application on
the ground that the proposed construction site was within the “no build zone” demarcated
in Municipal Ordinance 2000-131.

ISSUE:
WON the FLAgT prevails over the Municpal Ordinance, and the petitioner’s
application should have been granted.

RULING:
No, the FLAgT does not prevail over the Municipal Ordinance, and the petitioner’s
application should not have been granted.

Based on law and jurisprudence, the office of the mayor has quasi-judicial powers
to order the closing and demolition of establishments. This power granted by the Local
Government Code is not the same power devolved in favor of the LGU which is subject
to review by the DENR.

In this case, the fact that the building to be demolished is located within a forestland
under administration of the DENR is of no moment, for what is involved herein is not an
issue on environmental protection, conservation of natural resources, and maintenance
of ecological balance, but the legality or illegality of the structure.

To add: Forestlands, although under the management of the DENR, are not exempt from
the territorial application of municipal laws, for LGUs legitimately exercise their powers of
government over their defined territorial jurisdiction.

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