ARTICLE 482
55. REPUBLIC v HOW THE CASE STARTED
MIJARES  Subject land was owned by Philippine Communications
Satellite Corporation (PHILCOMSAT).
 Members of the Southern Pinugay Farmer Multi-Purpose
Cooperative Inc (SPFMPCI) occupied 100 hectares of the
land claiming that it is covered by the Comprehensive
Agrarian Reform Program (CARP).
PHILCOMSAT FILED A PROTEST BEFORE THE DAR
 Claiming that the subject land was exempt from the CARP
coverage since it was an integral part of the Philippine Space
Communications Operation
 DAR denied the protest
 PHILCOMSAT filed a petition for review in the CA, which
later on ruled that the land was not exempt from CARP
coverage
DURING THE PENDENCY OF THE PETITION, THE HOUSES
AND IMPROVEMENTS WERE DEMOLISHED
 Respondent Mayor Roberto Ferrera issued an order directing
Romeo Querubin to demolish the houses and improvements
 Commissioner Rufino Mijares issued an order interposing no
objection on the said order of demolition
SPFMPCI FILED BEFORE THE OFFICE OF THE
OMBUDSMAN AN ADMINISTRATIVE CASE AGAINST
RESPONDENTS FOR GRAVE MISCONDUCT
 The Ombusman ruled that the demolition was unjustified
claiming that the same cannot be summarily demolished under
RA 7279 since the law does not apply to rural lands and lands
under CARP coverage
 Thus, respondents were found guilty of grave misconduct, with
a penalty of dismissal from service and forfeiture of retirement
benefits
CA REVERSED THE OMBUDSMAN DECISION, ORDERING
THE REINSTATEMENT OF RESPONDENTS
  The order of demolition was based solely on the failure of the
SPFMPCI members to secure the necessary building permits
to construct the houses and improvements which is required
under PD No. 1096, thereby warranting summary demolition
provided for under RA 7279
YES, THE SUMMARY DEMOLITION IS IN ORDER.
Both parties relied on the provisions of RA 7279 and PD 1086 to determine the
propriety of the demolition by respondents
However, the Court herein based its decision on the provisions of PD 1845 and
1848 which provides that:
 Parcel of land is a security zone hosting the Philippine Space
Communications Center which consists of a satellite earth station that
serves as the communications gateway of the Philippines to more than
⅔ of the world.
 The same is under the jurisdiction of the Department of National
defense which has the power and the authority to determine who can
occupy the areas within the security zone and how the lands shall be
utilized.
The SPFMPCI members occupied and introduced improvements in the parcel
of land under no right, title or vested interest
 They never secured the prior written permission of the Secretary of
National Defense as required by law.
 Although the land was initially placed under CARP coverage and they
claimed to be farmer-beneficiaries, they were not included in the list
of occupants/potential farmer-beneficiaries of PHILCOMSAT
landholdings
 The parcel of land involved in this case is a security zone whose
operations must be protected from any form of disruption and it must be
protected from all types of squatters, including the SPFMPCI members,
who might create danger to national telecommunications facility.
WHEREFORE, the petition is DENIED. The Decision and the Resolution of
the Court of Appeals are AFFIRMED.
ISSUE: Whether or not the demolition of the houses and
improvements is in order