SECOND DIVISION
[G.R. No. 241386. April 10, 2019.]
CITY MAYOR OF BAGUIO CITY, BY THE HON. MAURICIO G. DOMOGAN, petitioner, vs.ANASTACIA GAPASEN, RENATO GABATINO, FLORENTINA AGOR, SAMUEL BANANAL, GEMMA BANANAL, VENUS GACUSANA, JOSE BRUNO, VICTORIA VALLEJOS, JIMMY FRANCISCO, PACITA FRANCISCO AND ANSELMA CABANBAN, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated10 April 2019which reads as follows:
"G.R. No. 241386 — City Mayor of Baguio City, by the Hon. Mauricio G. Domogan versus Anastacia Gapasen, Renato Gabatino, Florentina Agor, Samuel Bananal, Gemma Bananal, Venus Gacusana, Jose Bruno, Victoria Vallejos, Jimmy Francisco, Pacita Francisco and Anselma Cabanban
After reviewing the Petition and its annexes, inclusive of the Court of Appeals (CA) Decision 1 dated November 22, 2017 and Resolution 2 dated July 5, 2018 in CA-G.R. CV No. 107471, the Court resolves to DENY the Petition and AFFIRM the said rulings of the CA.
The CA committed no reversible error in affirming the Decision 3 dated December 11, 2015 and Resolution dated May 12, 2016 of the Regional Trial Court (RTC), which, in turn, annulled Demolition Order No. 1 dated January 4, 2011 issued by authority of petitioner City Mayor of Baguio City. The subject demolition order does not appear to have been issued on the grounds allowed therefor by law. Petitioner should have first required respondents to secure the necessary permits instead of hastily resorting to summary demolition — a practice that is discouraged under Republic Act No. 7279 or the Urban Development and Housing Act of 1992.
SO ORDERED. (PERLAS-BERNABE, J., on leave)"
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 29-39. Penned by Associate Justice Maria Filomena D. Singh, with Associate Justices Ramon R. Garcia and Edwin D. Sorongon concurring.
2.Id. at 57-59.
3.Id. at 90-94. Penned by Acting Presiding Judge Cecilia Corazon S. Dulay-Archog.