670 Phil. 67
LEONARDO-DE CASTRO, J.:
NOW, THEREFORE, be it resolved as it is hereby resolved by the Sangguniang Barangay in session assembled that -
1. Pursuant to its power and authority under the Local Government Code of 1991 (Rep. Act No. 7160), the New Sun Valley Homeowners Association (NSVHA) is hereby directed to open Rosemallow and Aster Sts. to vehicular (private cars only) and pedestrian traffic at all hours daily except from 11 p.m. to 5 a.m. at which time the said streets may be closed for the sake of the security of the residents therein.
2. The Barangay government take steps to address the security concerns of the residents of the area concerned, including the possible assignment of a barangay tanod or traffic enforcer therein, within the limits of the authority and financial capability of the Barangay.
3. This Resolution shall become executory within 72 hours upon receipt hereof by the Association or any of its members.[4]
12. The road network inside the subdivision and drainage system is not designed to withstand the entry of a heavy volume of vehicles especially delivery vans and trucks. Thus, destruction of the roads and drainage system will result. The safety, health and well-being of the residents will face continuous danger to their detriment and prejudice;
13. When the residents bought their residential properties, they also paid proportionately for the roads and the park in then subdivision. They have therefore an existing equity on these roads. To open the roads to public use is a violation of the rights and interests to a secure, peaceful and healthful environment;
14. Aside from the availability of a better route to be opened, there are other ways to ease traffic flow. The continuous presence of traffic enforcers on all identified traffic choke points will prevent snarls which impede smooth travel. The strict enforcement of traffic rules and regulations should be done;
15. There are a lot of undisciplined drivers of tricycles, jeepneys, trucks and delivery [vans], which contribute to the traffic congestion. The barangay should require these drivers to observe road courtesy and obedience to traffic rules[.][9]
Acting on the Application for Writ of Preliminary Injunction/ Permanent Injunction with Prayer for Issuance of a Temporary Restraining Order, filed by plaintiff and considering that there is extreme urgency, such that unless the same is issued, plaintiff would suffer grave injustice and/or irreparable injury, let a Temporary Restraining Order issue directing the Sangguniang Barangay as represented by Punong Barangay Roberto Guevarra to cease and desist from the implementation of Resolution No. 98-096 or otherwise maintain the status quo until further Orders of this Court.
This Temporary Restraining Order shall be effective for seventy two (72) hours from issuance hereof, unless extended by another Order of this Court.
Let this case be set for special raffle and conference on November 3, 1998 at 10:30 in the morning.
Acting on the prayer for the issuance of a writ of preliminary injunction filed by petitioner, it appearing that petitioner may suffer grave injustice or irreparable injury, let a writ of preliminary injunction issue prohibiting the Sangguniang Barangay represented by Punong Barangay Roberto Guevarra from implementing Resolution no. 98-096 until further orders from this Court.
Petitioner is directed to file a bond in the amount of ONE HUNDRED THOUSAND (P100,000.00) PESOS (sic) to answer for damages to defendants in the event the Court finds petitioner is not entitled to said injunction.
Defendant Barangay Sun Valley moves to dismiss the instant case on the grounds that the complaint states no cause of action and the court has no jurisdiction over the subject matter. In summary, defendant alleges that the subject streets Aster and Rosemallow inside Sun Valley Subdivision are owned by the local government. Such streets have long been part of the public domain and beyond the commerce of man. In support of this, defendant cited the case of White Plains Association, Inc. vs. Legaspi, 193 SCRA 765 wherein it was held that road lots of subdivisions constitute a part of the mandatory open space reserved for public use; ownership of which is automatically vested in the Republic of the Philippines although it is still registered in the name of the developer/owner, its donation to the government is a mere formality." The power or authority to close or open the said streets is vested in the local government units and not on homeowner's associations, pursuant to Section 21 of the local Government Code (RA 7160) quoted as follows: "Section 21. Closure and Opening of Roads. (a) A local government unit may, pursuant to an ordinance, permanently or temporarily close or open any local road, alley, park, or square falling within its jurisdiction x x x." In view thereof, Resolution No. 98-096 was passed by the Sangguniang Barangay. Hence there is no right whatsoever on the part of Plaintiff NSVHA entitled to the protection of the law. Further, defendant contends that petitioner failed to exhaust administrative remedies as ordained in Sections 32 and 57 of the Local Government Code giving the city mayor the supervisory power, and the power of review by the Sangguniang Panlungsod, respectively.
No opposition to the motion to dismiss was filed by the Plaintiff.
Same defendant seeks to reconsider the order granting the issuance of the writ of preliminary injunction alleging that there is a pending motion to dismiss and Plaintiff has not been able to establish an actually existing right.
Plaintiff has not filed an opposition thereto, instead it filed an urgent ex-parte motion to expunge the motion for reconsideration on the ground that its counsel has not been furnished with a copy of the motion for reconsideration, but the record shows that Maria Cortez (plaintiff's representative) has received a copy of said motion.
After considering the arguments of the parties in their respective pleadings, this court hereby resolves as follows:
- The "Motion for Reconsideration" and the "Urgent Ex-parte Motion to Expunge (motion for reconsideration)" are Denied being devoid of merit; and
- The "Motion to Dismiss" is hereby Granted for failure of the plaintiff to exhaust the administrative remedies under Sections 32 and 57 of the Local Government Code.
WHEREFORE, let this case be as it is hereby ordered Dismissed. The writ of preliminary injunction is hereby lifted.[21]
I
THE TRIAL COURT DID NOT ERR IN GRANTING DEFENDANTS-APPELLEES' MOTION TO DISMISS DUE TO LACK OF CAUSE OF ACTION AND JURISPRUDENCE OVER THE SUBJECT MATTER AND APPELLANT'S FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES. AS NOTED BY THE COURT, NO OPPOSITION TO THE MOTION TO DISMISS WAS EVER FILED BY APPELLANT.II
THE TRIAL COURT'S DISMISSAL OF THE ACTION ASSAILING ITS SUBJECT-MATTER, BARANGAY RESOLUTION NO. 98-096, CONSISTING OF A DIRECTIVE OF AN LGU TO A DEFIANT PRIVATE ORGANIZATION WITHIN ITS JURISDICTION, IS JUDICIAL RECOGNITION OF THE SOLE COMPETENCE AND WISE DISCRETION OF THE BARANGAY OVER A LOCAL TRAFFIC PROBLEM.III
THE TRIAL COURT DID NOT COMMIT ANY SERIOUS ERROR, PROCEDURAL OR SUBSTANTIVE, AS FOUND BY THE COURT A QUO. IT IS APPELLANT THAT HAS COMMITTED THE ERROR OF NOT EXHAUSTING ADMINISTRATIVE REMEDIES. HENCE, NO GRAVE OR IRREPARABLE INJURY CAN BE CAUSED TO APPELLANT FOR IT HAS NO RIGHT TO PROTECT.[26]
Respectfully indorsed to Atty. Antonio G. Cruz, Municipal Attorney, of this municipality the herein attached "Original Copies of Transfer Certificate of Title for Sun Valley Open Space and Road Lots" with TCT Nos. 133552, 119836, and 122443 for your appropriate actions.
This has reference to your request dated December 18, 1990 relative to the letter of inquiry of the Barangay Captain of Barangay Sun Valley dated December 13, 1990.
We wish to inform you that based on the available records of our office the open space and road lots of Sun Valley Subdivision is already owned by the Municipal Government of Parañaque as evidenced by TCT NOS. 133552, 119836, and 122443. Copies of which are hereto attached for your ready reference.
Considering that the Municipality of Parañaque is the registered owner of the road lots of Sun Valley Subdivision, we are of the opinion that the roads become public in use and ownership, and therefore, use of the roads by persons other than residents of the Subdivision can no longer be curtailed. However, should the Municipal Government decides to delegate its right to regulate the use of the said roads to the Sun Valley Homeowner's Association or Sun Valley Barangay Council, such right may be exercise[d] by said association or council.
This is to certify that based on the available records of this Office, the open space and road lots of Sun Valley Subdivision has been donated and now owned by the Municipality of Paranaque, as evidenced by TCT Nos. 133552, 119836, and 122443 copies of which are hereto attached.
This certification is being issued upon the request of Mr. Mario Cortez, President of Sun Valley Homeowners Association.
This is to certify that based on the available records of this Office, the only road lots in Sun Valley Subdivision titled in the name of the Municipality of Parañaque are those covered by Transfer Certificates of Title Nos. 133552 and 122443.
This certification is being issued upon the request of Coun. Manuel T. De Guia.
This is to certify that based on the available records of this Office, the open space within Sun Valley Subdivision has already been donated to the Municipality as evidenced by Transfer Certificate of Title No. 119836, copy of which is hereto attached.
This certification is being issued upon the request of Atty. Rex G. Rico.
This is to certify that based on the available records of this Office, road lots of Sun Valley Subdivision have already been donated to the Municipality of Paranaque as evidenced by TCT NO. 133552, 119836, and 122443.
This certification is being issued upon the request of MR. WILLIAM UY.
A
In sustaining the dismissal of Civil Case No. 98-0420, the Honorable Court of Appeals sanctioned the departure of the Regional Trial Court from the accepted and usual course of judicial proceedingsB
Whether or not the issuance of the Resolution promulgated January 17, 2003 and the Decision promulgated October 16, 2002 by the Former 4th Division and the 4th Division of the Court of Appeals sustaining the validity of dismissal of Civil Case No. 98-0420 is not in accord with law or with the applicable decisions of this Honorable Supreme CourtC
Whether or not the Honorable Court of Appeals, with due respect, departed from the accepted and usual course of judicial proceedings by making findings of fact not supported by evidence of record[38]
Atty. Herrera:
Then, Your Honor, I files [sic] a motion petitioning to dismiss this instant case, which should be resolved first before hearing this case.
Atty. Nuñez:
Your Honor, please, with due respect to the opposing counsel, the hearing today is supposed to be on the presentation of petitioner's evidence in support of its prayer for preliminary injunction. In connection with the amended complaint, I guess it is a matter of right to amend its pleading. What happened here, the amended petition was filed before this Honorable Court on November 13 at 11:10 a.m. but I think the motion to dismiss was filed by the respondent on November 13 at 11:20 a.m.. Therefore, it is the right of the petitioner insofar as the case is concerned.
And therefore, this Court should proceed with the hearing on the preliminary injunction instead of entertaining this matter. The temporary restraining order will expire today and we have the right to be heard.
Court:
We will proceed first with the hearing (referring to the scheduled hearing of the prayer for the issuance of the writ of preliminary injunction). (Transcript of Stenographic Notes, November 20, 1998) (Underscoring and explanation petitioner's.)[40]
Sangguniang Barangay Resolution No. 98-096 is repugnant to the proprietary rights of the affected homeowners who are members of petitioner NSVHAI, such rights undoubtedly protected by the Constitution.
As there is no proof otherwise (except the baseless findings of fact by the Honorable Court of Appeals) that the streets encompassed by the concerned subdivision, Sun Valley Subdivision, are all private properties. As such, the residents of Sun Valley Subdivision have all the right to regulate the roads and open spaces within their territorial jurisdiction.
This Honorable Supreme Court can take judicial knowledge that criminal activities such as robbery and kidnappings are becoming daily fares in Philippine society. Residents have invested their lifetime's savings in private subdivision since subdivision living afford them privacy, exclusivity and foremost of all, safety. Living in a subdivision has a premium and such premium translates into a comparatively more expensive lot because of the safety, among others, that subdivision lifestyle offers.
But, with the enactment and intended implementation of Sangguniang Barangay Resolution No. 98-096 to open Rosemallow and Aster Streets for public use, it is indubitable that, instead of promoting the safety of resident of Sun Valley Subdivision, respondents are endangering the life and property of the residents of the said subdivision as they will now be exposed to criminal and lawless elements.
It is respectfully submitted that Sangguniang Barangay Resolution No. 98-096 has a place only in an authoritarian government where proprietary rights and privacy are alien concepts. Lest it be forgotten, ours is a democratic society and therefore, it should not be ruled in a manner befitting of a despotic government.
Petitioner NSVHAI, in protection of the rights and interest of the residents of Sun Valley Subdivision and in order to ensure that public officials will not abuse governmental powers and use them in an oppressive and arbitrary manner, invokes the judicial power of this Honorable Supreme Court and pray that a writ of preliminary injunction be issued and, after hearing, be declared permanent. [52]
We admit that we erred in not going to you directly because at that time, the NSVHA received the letter-order of Brgy. Capt. Guevara two days before the effectivity of the order. Aside from this, there was a long holiday (long weekend prior to November 1). Thus, the Board of Governors had no other recourse but to seek a TRO and thereafter a permanent injunction.
We now would like to seek your assistance concerning this urgent problem. For your information there are already two (2) gates in and out of Sun Valley Subdivision.
Under P.D. 957, the Homeowners Association is mandated to protect the interest of the homeowners and residents especially in so far as it affects the security, comfort and the general welfare of the homeowners.
Thank you and because of the urgency of the matter, we anticipate your prompt and favorable action. (Emphasis ours.)
This refers to your intended implementation of Barangay Sun Valley Resolution No. 98-096 entitled, "A RESOLUTION DIRECTING THE NEW SUN VALLEY HOMEOWNERS ASSOCIATION TO OPEN ROSEMALLOW AND ASTER STREETS TO VEHICULAR AND PEDESTRIAN TRAFFIC."
In this regard and pursuant to the provisions of Sec. 32 of the Local Government Code of 1991 which vests upon the city mayor the right to exercise general supervision over component barangays, to ensure that said barangays act within the scope of their prescribed powers and functions, you are hereby directed to defer your implementation of the subject ordinance based on the following grounds:
- The roads subject of your resolution is a municipal road and not a barangay road;
- The opening or closure of any local road may be undertaken by a local government unit pursuant to an ordinance and not through a mere resolution as provided under Sec. 21 of the Local Government Code of 1991;
- There is no more need to order the opening of the aforementioned roads in view of the fact that Gelia and State Ave., have already been opened by the subdivision to the general public to accommodate vehicular and pedestrian traffic in the area;
- There is a need to conduct public hearings, as in fact we shall be conducting public hearings, on the matter to enable us to arrive at an intelligent resolution of the issues involved.
We regret to observe that all the reasons that you have cited in your letter as grounds for your order of non-implementation of the Barangay Resolution have been passed upon and decided by the Court of Appeals, which lately denied the NSVHA Motion for Reconsideration x x x.
x x x x
The Decision of the Court of Appeals is now the subject of an appeal taken by the NSVHA to the Supreme Court. In deference to the high Court, you would do well to reconsider your order to the Barangay and not pre-empt the high Court on its decision. x x x.
The directive of the Barangay is certainly a declaration of an intention expressed by resolution on complaints of residents for a convenient outlet of cars and pedestrians during certain hours of the [day] or night. This need not be the subject of an ordinance. It is addressed to a special group of residents, and not to the general community. It refers to particular roads and at certain hours only, not to all the roads and at all hours.
Hence, the Barangay Resolutions (sic) is but temporary in character, being a solution to a momentary traffic problem then visualized by the Barangay and encouraged by the MMDA. There is no legal question involved that is of any concern to the NSVHA. The prevailing reason why the NSVHA desires to control the roads is the monetary consideration it gains by its unilateral requirement of car stickers and of substantial fees exacted from delivery vans and trucks for bringing in cargo into the subdivision. And yet, the residents who, never gave their consent to this activities (sic), are busy people and have merely tolerated this for a long time now. This tolerance did not of course give legality to the illegal act. x x x.[61]
Hence, even assuming for the sake of argument that a legal question exists on whether it be a resolution or ordinance that should contain the Barangay directive, such an issue is of no moment as plaintiff-appellant failed to exhaust the necessary administrative remedies before resorting to court action, as found by the trial court and the Court of Appeals. Section 32, R.A. 7160 (Local Government Code of 1991) provides for a remedy from Barangay actions to the Mayor under the latter's power of general supervision.[62]
The Mayor's act of interfering in Barangay Sun Valley affairs stemmed out of a long-standing political feud of the Mayor with the Punong Barangay. Its general supervision did not extend to pure Barangay matters, which the Barangay would be x x x in a better position to determine.
Furthermore, the general supervision of the Mayor is limited to the overseeing authority that the Barangays act within the scope of their prescribed powers and functions. Sadly, there is nothing in this Mayor's letter x x x that would as much as show a deviation by the Barangay Sun Valley from any prescribed powers or function. The Mayor's directive to the Barangay is of doubtful legality.
It was mainly the mounting traffic problem progressively experienced through the years that prompted the Barangay to resolve to open Rosemallow and Aster Streets in accordance with its power under Section 21 of R.A. 7160 to "temporarily open or close any local road falling within its jurisdiction". This Resolution x x x was decided upon after the Barangay Council made the necessary investigation and conducted hearings in consultation with affected residents. In order to maintain some kind of cordial relationship with the NSVHA, the Barangay by its resolution, opted to give the NSVHA the chance to open the roads, which it earlier closed by means of arbitrarily putting up steel gates without any apparent authority.[63]
We do not agree. Although the Motion to Dismiss was filed on the same day, but after, the Amended Petition was filed, the same cannot be considered as directed merely against the original petition which Appellant already considers as non-existing. The records will show that Appellant's Amended Petition contained no material amendments to the original petition. Both allege the same factual circumstances or events that constitute the Appellant's cause of action anent the Appellee's alleged violation of Appellant's propriety rights over the subdivision roads in question. Corollarily, the allegations in Appellees' Motion to Dismiss, as well as the grounds therefore predicated on lack of cause of action and jurisdiction, could very well be considered as likewise addressed to Appellant's Amended Petition.x x x x
It bears stressing that due process simply means giving every contending party the opportunity to be heard and the court to consider every piece of evidence presented in their favor (Batangas Laguna Tayabas Bus Company versus Benjamin Bitanga, G.R. Nos. 137934 & 137936[)]. In the instant case, Appellant cannot be said to have been denied of due process. As borne by the records, while Appellees' Motion to Dismiss did not set the time for the hearing of the motion, the day set therefore was the same date set for the hearing of Appellant's prayer for the issuance of a writ of preliminary injunction - that is, November 20, 1998, with the precise purpose of presenting evidence in support of the motion to dismiss on the same said scheduled hearing date and time when Appellant and its counsel would be present. Moreover, Appellant's predication of lack of due hearing is belied by the fact that the hearing held on November 20, 1999 took up not only the matter of whether or not to grant the injunction, but also tackled the jurisdictional issue raised in Appellees' Motion to Dismiss, which issues were intertwined in both incidents. [67]
Section 32. City and Municipal Supervision over Their Respective Barangays. - The city or municipality, through the city or municipal mayor concerned, shall exercise general supervision over component barangays to ensure that said barangays act within the scope of their prescribed powers and functions.
The doctrine of exhaustion of administrative remedies is a cornerstone of our judicial system. The thrust of the rule is that courts must allow administrative agencies to carry out their functions and discharge their responsibilities within the specialized areas of their respective competence. The rationale for this doctrine is obvious. It entails lesser expenses and provides for the speedier resolution of controversies. Comity and convenience also impel courts of justice to shy away from a dispute until the system of administrative redress has been completed.[68]
Section 21. Closure and Opening of Roads. - (a) A local government unit may, pursuant to an ordinance, permanently or temporarily close or open any local road, alley, park, or square falling within its jurisdiction: Provided, however, That in case of permanent closure, such ordinance must be approved by at least two-thirds (2/3) of all the members of the sanggunian, and when necessary, an adequate substitute for the public facility that is subject to closure is provided.
Contrary, however, to Appellant's position, the above-quoted provision, which requires the passage of an ordinance by a local government unit to effect the opening of a local road, can have no applicability to the instant case since the subdivision road lots sought to be opened to decongest traffic in the area - namely Rosemallow and Aster Streets - have already been donated by the Sun Valley Subdivision to, and the titles thereto already issued in the name of, the City Government of Parañaque since the year 1964 (Annexes "2" to "7" of Appellees' Brief). This fact has not even been denied by the Appellant in the proceedings below nor in the present recourse. Having been already donated or turned over to the City Government of Parañaque, the road lots in question have since then taken the nature of public roads which are withdrawn from the commerce of man, and hence placed beyond the private rights or claims of herein Appellant. Accordingly, the Appellant was not in the lawful exercise of its predicated rights when it built obstructing structures closing the road lots in question to vehicular traffic for the use of the general Public. Consequently, Appellees' act of passing the disputed barangay resolution, the implementation of which is sought to be restrained by Appellant, had for its purpose not the opening of a private road but may be considered merely as a directive or reminder to the Appellant to cause the opening of a public road which should rightfully be open for use to the general public.[70]
Rule 129
WHAT NEED NOT BE PROVED
SECTION 1. Judicial notice, when mandatory.--A court shall take judicial notice, without the introduction of evidence, of the existence and territorial extent of states, their political history, forms of government and symbols of nationality, the law of nations, the admiralty and maritime courts of the world and their seals, the political constitution and history of the Philippines, the official acts of the legislative, executive and judicial departments of the Philippines, the laws of nature, the measure of time, and the geographical divisions.(1a)