In the Matter of the Petition for Declaratory Judgment Regarding the Validity or Ordinance No. 368 of the City of Baguio v. The City Council and City Mayor of the City of Baguio

Facts:

In this petition for declaratory relief originally filed in the CFI of Baguio what is involved is the validity of Ordinance 386 passed by the City Council of Baguio City. The Ordinance is entitled “AN ORDINANCE CONSIDERING ALL SQUATTERS OF PUBLIC LAND, OTHER THAN THOSE EARMARKED FOR PUBLIC USE IN THE CITY OF BAGUIO WHO ARE DULY REGISTERED AS SUCH AT THE TIME OF THE PROMULGATION OF THIS ORDINANCE AS BONAFIDE OCCUPANTS OF THEIR RESPECTIVE LOTS AND WHICH SHALL HEREAFTER BE EMBRACED AS A CITY GOVERNMENT HOUSING PROJECT AND PROVIDING FOR OTHER PURPOSES.”

The petition for declaratory relief filed with the Court of First Instance of Baguio prays for a judgment declaring the Ordinance as invalid and illegal ab initio. The respondents-appellees, the City Council and the City Mayor, filed motions to dismiss the petition which were denied.

Issue:

Whether or not the Ordinance is valid

Held:

A declaration on the nullity of the ordinance, would give the squatters no right which they are entitled to protect. The party most interested to sustain and defend the legality of the Ordinance is the body that passed it, the City Council, and together with the City Mayor, is already a party in these proceedings.

The Ordinance in question is a patent nullity. It considered all squatters of public land in the City of Baguio as bona-fide occupants of their respective lots.