G.R. No. 216492 – 894 Phil. 376 – Political Law – Constitutional Law – Powers of the State – Police Power – Nature of Police Power
In 2014, Artoo Garin applied for a building permit with the City of Muntinlupa seeking permission to build a house within his property in Katarungan Village, Muntinlupa City. His application was denied on the ground that it did not have the recommendation of the Katarungan Village Homeowners Association (KVHA). Under Muntinlupa City Ordinance No. 02-047, a homeowners village’s recommendation must be secured before obtaining a building permit. Here, the KVHA, before giving its recommendation, was requiring Garin to be a member and to pay assessment fees.
Garin then filed a petition for mandamus against Muntinlupa to compel it to issue a building permit without the favorable recommendation of the KVHA; Garin also questioned the constitutionality of the city ordinance.
ISSUE: Whether or not the city ordinance is valid.
HELD: Yes. It is a valid exercise of police power. It was well within respondent City of Muntinlupa’s police power to require clearance from a homeowners’ association as a prerequisite for granting a building permit. In fact, the city ordinance is one way to ensure property owners’ compliance with the National Building Code, which if complied with, benefits the general welfare.
