Petitioner
City Engineer of Baguio
Respondent
Rolando Baniqued
Citation
G.R. No. 150270
Court
Supreme Court
Division
Third Division
Ponente
R.T., J.
Decided
November 26, 2008

Summary

This case involves Rolando Baniqued's challenge to a demolition notice issued by Baguio City officials for his allegedly illegal structure. The RTC dismissed his prohibition complaint, ruling that city officials exercise only executive functions not subject to prohibition. The Court of Appeals reversed, finding that mayors exercise quasi-judicial functions when determining property rights in demolition cases. The Supreme Court affirmed, establishing that prohibition is proper against government officials exercising quasi-judicial functions involving property rights, and that the exhaustion of administrative remedies doctrine has exceptions including urgent need for judicial intervention and potential irreparable damage. The decision clarifies that mayors determining whether structures should be demolished exercise quasi-judicial powers requiring due process protections, making them subject to prohibition when acting without jurisdiction or with grave abuse of discretion.

Statutes applied

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By the Intellegal Editorial Board · November 26, 2008

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