EVASCO vs.
MONTANEZ (TRIXIE) ISSUE: W/N RTC & CA erred in declaring Sections 7, 8, 37 and 45 unconstitutional
February 21, 2018 | Leonardo-De Castro, J. | Police Power and null and void for being inconsistent with the National Building Code – YES.
PETITIONERS: HON. LEONCIO EVASCO, JR., in his capacity as Officer-in- RULING: Wherefore, in view of all the foregoing, the instant petition is GRANTED.
Command City Engineer of Davao City and HON. WENDEL AVISADO, in his The Decision and Amended Decision of the Court of Appeals are hereby REVERSED
capacity as the City Administrator of Davao City and SET ASIDE.
RESPONDENTS: ALEX P. MONTANEZ, doing business under the name and RATIO:
style APM or AD AND PROMO MANAGEMENTS 1. Ordinance which regulates the construction and installation of building and
SUMMARY: Sangguiang Panlungsod issued an ordinance related to billboards. other structures within Davao City is an exercise of police power.
City government asked the respondents to take down their billboards for being in 2. While police power is lodged primarily in legislation, Congress may delegate
violation of the ordinance. RTC and CA declared the ordinance unconstitutional. this power to local government units. Once delegated, the agents can exercise
SC reversed the decision and upheld the validity of the ordinance as the power to only such legislative powers as are conferred on them by the national
regulate billboards was validly delcgated to the local government units and the lawmaking body (MMDA v. Bel-Air Village Association).
issuance of the ordinance was a valid exercise of police power. 3. Republic Act No. 4354 (Davao City Charter) vested the local Sangguniang
Panlungsod with the legislative power to regulate, prohibit, and fix license
DOCTRINE: Sangguiang Panlungsod was expressly granted power to regulate fees for the display, construction, and maintenance of billboards and similar
billboard structures within its territorial limits by Congress through the Davao City structures. Congress expressly granted power to regulate billboard
Charter. Issuing Ordinance No. 092-2000 was a valid exercise of police power. structures within its territorial jurisdiction with the aforementioned law.
4. The power to regulate billboards within its territorial jurisdiction has been
FACTS: delegated by Congress to the Sangguniang Panlungsod via the Davao City
1. August 8, 2000: Sangguniang Panlungsod in Davao approved “An Ordinance Charter. This direct and specific grant takes precedence over requirements set
Regulating the Construction, Repair, Renovation, Erection, Installation and forth in another law of general application thus the city government does not
Maintenance of Outdoor Advertising Materials and for Related Purposes”. need to refer to the procedures laid down in the National Building Code to
2. 2003: City Engineer started sending notices of illegal consruction to various exercise this power and the consistency of Ordinance No. 092-2000 to the
outdoor adversiting businesses, including Ad & Promo Management (APM), National Building Code is irrelevant to its validity.
owned by the respondent, Alex P. Montanez. City Engineer reminded them 5. Even if the National Building Code imposes minimum requirements as to the
secure permits and apply for renewals for each of their billboard structures. construction and regulation of billboards, the city government may impose
3. March 17, 2006: City Engineer issued orders of demolition and directed stricter limitations because its police power to do so originates.
businesses to voluntarily dismantle their billboards within three days from 6. Valid of Exercise of Police Power First, it has a lawful subject such that the
the receipt. Otherwise, the city government shall remove the structures. City interests of the public generally, as distinguished from those of a particular
government set the summary removal on March 20, 2006 at 8:30am. class, require its exercise. Second, it uses a lawful method such that its
4. March 17, 2006: APM filed for an injuection and temporary restraining order. implementing measures must be reasonably necessary to accomplish the
5. RTC: Granted the application and issued a writ of preliminary injunction. purpose and not unduly oppressive upon individuals.
6. October 4, 2006: President Arroyo issued Administrative Order No. 160 and First: Ordinance seeks to regulate all signs and sign structures based
directed nationwide inspections, evaluations and assessments of billboards at on prescribed standards as to its location, design, size, quality of
the wake of typhoon Milenyo. materials, construction and maintenance to: (a) safeguard the life and
7. October 6, 2006: Acting Secretary Ebdane, Jr. issued Memorandum Circular property; (b) keep the surroundings clean and orderly; (c) ensure public
No. 3 and directed all local governments to cease and desist from processing decency and good taste; and (d) preserve a harmonious aesthetic
application for and issuing and renewing billboard permits. relationship of these structures as against the general surroundings.
8. September 25, 2008: City Engineer issued orders of demolition against Prime Second: Ordinance employs the following rules in implementing its
Advertisements & Signs and gave the agency until October 8, 2008 to trim. policy: (a) minimum distances must be observed in installing and
Such prompted Davao Billboards and Signmakers Association (DABASA) constructing outdoor billbords; (b) additional requirements shall be
to intervene through a civil case on behalf of its members. observed; (c) sign permits must be secured from and proper fees paid
9. RTC: Granted. Ordinance was void and unconstitutional and contrary to to the city government; and (d) those without permits, without the
Presidential Decree No. 1096 (National Building Code of the Philippines). required marking signs or found in violation of any provision shall be
10. CA: Modified the decision of the lower court (only reinstated Section 41). removed, allowing the owner 60 days to correct/address the violation.
