ASILO v.

PEOPLE
645 SCRA 41
March 9, 2011
Art. III – deprivation of property without due process; demolition

FACTS:

Private respondent’s late mother Vda. De Coronado and the Municipality of Nagcarlan
Laguna entered into a lease contract for a period of 20 years from 1978 to 1998.
Visitacion took over the store when her mother died in 1984.

In 1993, Visitacion received a letter from the Mayor Comendador instructing her to
demolish her store within five days in accordance with Resolution No. 156. Visitacion
replied saying that the lease contract was still in effect but that she was willing to vacate
the store so long as she be given the same place in the new public market.

The Sanggunian Bayan of Nagcarlan, Laguna then issued Resolution No. 183 authorizing
the demolition of the store. Thereafter, Mayor Comendador demolished the store.

ISSUE:

W/N respondents were deprived of property without due process of law

HELD/RATIO

YES, respondents were deprived of property without due process of law. The demolition
of the respondent’s store was carried out without obtaining a court order. The contention
of the petitioners that Resolution Nos. 156 and 183 and that the store was a nuisance
justifies the demolition is untenable. They violated the right to private property of the
respondents by not according them the right to due process. According to Section 10(d),
Rule 39 of the Rules of Court, demolition may only be carried out after attaining a special
order from the court.

DECISION

Petition is denied.

Prepared  by:  Arianna  Cariaga