Leo Bernardez, Jr. vs. The City Government of Baguio, et.al.,

G.R. No. 197559, March 21, 2022

Facts:

1. The Sangguniang Panglungsod of the City Government of Baguio enacted Ordinance No. 01, series of 2004 for the appropriation of available funds for the purpose of reorganization or restructuring of its local departments.

2. Pursuant to Ordinance No. 01, the city mayor of Baguio, Yaranon, issued Administrative Order No. 171, Series of 2004 otherwise known as "An Administrative Order Designating Engineer Oscar V. Flores, City Government Department Head II, City Government of Baguio, as Acting Building Official of the City of Baguio Pending his Appointment of Building Official of the City of Baguio."

3. Petitioner, being the City Engineer at that time, a complaint for declaration of nullity of AO No. 171, Series of 2004.

4. It is claimed that the functions adverted to in AO No. 171 usurped and divested [petitioner] of his functions as City Engineer.

5. Following the issuance and implementation of AO 171, Flores was later appointed as Department Head of the City Buildings and Architecture Office (CBAO).

Issues:

· Whether or not the case is now moot and academic.

· Whether or not the ordinance can be collaterally attacked

· Whether or not AO 171 is valid.

You can support our page by clicking any of the following links:

RPC Book 1 by Reyes

Codal Set

Statutory Construction

Introduction to Law

Criminal Procedure

Law On Property

Human Rights Education

Civil Law Reviewer

Constitutional Law

Ruling:

FIRST ISSUE

Yes. The Supreme Court held that "a case becomes moot and academic when, by virtue of supervening events, there is no more actual controversy between the parties and no useful purpose can be served in passing upon the merits. Since they are constituted to pass upon substantial rights, courts of justice will not consider questions where no actual interests are involved. As a rule, courts decline jurisdiction over such cases or dismiss them on the ground of mootness."

With the appointment of Flores as Department Head of CBAO, this Court finds that the issues raised by petitioner in the instant complaint - whether AO 171, and the designation of Flores as acting Building Official by the DPWH pursuant to AO 171, are valid or null and void - have become moot. It would be futile for the Court to pass upon the validity or invalidity of AO 171, which, as it stands, is no longer operative.

SECOND ISSUE

Petitioner, in his complaint filed with the RTC, implicitly questioned the impropriety of Ordinance No. 01 (from which AO 171 emanated) by asserting that the said ordinance, while an appropriation measure, contains non-appropriation items such as the reorganization and restructuring of the local departments under the City of Baguio, and the creation of the CBAO.

The Supreme Court held that the validity of laws, orders, or such other rules with the force of law cannot be attacked collaterally. This is because there is a legal presumption of validity of these laws. Accordingly, the legal presumption of Ordinance No. 0l's validity stands unless the same is annulled in a direct proceeding.

THIRD ISSUE

The Supreme Court held that while Section 477 of the LGC states that the City Engineer shall also act as the Building Official, the appointment of a separate Building Official, vis-a-vis the creation of the CBAO in this case, is not without legal basis.

The LGC itself empowers City Governments to implement an organizational structure and create staffing patterns for the effective management and administration of their respective offices. Along the same lines, the LGC also empowers the Sanguniang Panlungsod to create, through local ordinances, other offices or consolidate the functions of any office with those of another in the interest of efficiency and economy. In relation to the foregoing, the appointment of a Building Official separate and distinct from a City Engineer is supported by law pursuant to the IRR of the National Building Code.

It is thus within the legislative discretion of the City Government of Baguio to create the CBAO, with all the powers and duties of the Building Official, in line with its purpose of facilitating a more effective delivery of public service.