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    Sang A Lang

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    Where Did Macky Gallego
    The document discusses 5 efforts to enforce deed restrictions against residents who have allegedly converted their residences into commercial establishments in violation of the restrictions. It also discusses a related petition against the developer for tearing down a wall and allowing commercialization. The Court of Appeals dismissed all the cases based on a prior ruling rejecting claims under the same deed restrictions due to ordinances allowing residential and commercial use. The issue is whether the constitutional guarantee on non-impairment of contracts can deter the exercise of police power. The court held that police power, designed to promote public welfare, takes precedence over contractual rights and cannot be deterred by contracts whenever necessary for the common good.

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    Sang A Lang

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    Where Did Macky Gallego
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    The document discusses 5 efforts to enforce deed restrictions against residents who have allegedly converted their residences into commercial establishments in violation of the restrictions. It also discusses a related petition against the developer for tearing down a wall and allowing commercialization. The Court of Appeals dismissed all the cases based on a prior ruling rejecting claims under the same deed restrictions due to ordinances allowing residential and commercial use. The issue is whether the constitutional guarantee on non-impairment of contracts can deter the exercise of police power. The court held that police power, designed to promote public welfare, takes precedence over contractual rights and cannot be deterred by contracts whenever necessary for the common good.

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    Sang a Lang

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    The document discusses 5 efforts to enforce deed restrictions against residents who have allegedly converted their residences into commercial establishments in violation of the restrictions. It also discusses a related petition against the developer for tearing down a wall and allowing commercialization. The Court of Appeals dismissed all the cases based on a prior ruling rejecting claims under the same deed restrictions due to ordinances allowing residential and commercial use. The issue is whether the constitutional guarantee on non-impairment of contracts can deter the exercise of police power. The court held that police power, designed to promote public welfare, takes precedence over contractual rights and cannot be deterred by contracts whenever necessary for the common good.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    23 views1 page

    Sang A Lang

    Uploaded by

    Where Did Macky Gallego
    The document discusses 5 efforts to enforce deed restrictions against residents who have allegedly converted their residences into commercial establishments in violation of the restrictions. It also discusses a related petition against the developer for tearing down a wall and allowing commercialization. The Court of Appeals dismissed all the cases based on a prior ruling rejecting claims under the same deed restrictions due to ordinances allowing residential and commercial use. The issue is whether the constitutional guarantee on non-impairment of contracts can deter the exercise of police power. The court held that police power, designed to promote public welfare, takes precedence over contractual rights and cannot be deterred by contracts whenever necessary for the common good.

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    Sangalang Short Facts: GR 74376, 76394, 78182, and 82281 are efforts to enforce the deed restrictions against

    specific residents of Jupiter Street and, with respect to GR 78182, Reposo Street. The residents have allegedly converted their residences into commercial establishments (a restaurant in GR 74376, a bakery and coffee shop in GR 76394, an advertising firm in GR 78182; and a construction company, apparently, in GR 82281) in violation of the said restrictions. Their mother case, GR 71169 is, on the other hand, a petition to hold the vendor itself, Ayala Corporation (formerly Makati Development Corporation), liable for tearing down the perimeter wall along Jupiter Street that had theretofore closed its commercial section from the residences of Bel-Air Village and ushering in, as a consequence, the full commercialization of Jupiter Street, in violation of the very restrictions it had authored. The Court of Appeals dismissed all 5 appeals on the basis primarily of its ruling in AC-GR 66649, Bel-Air Village, Inc. v. Hy-Land Realty Development Corporation, et al., in which the appellate court explicitly rejected claims under the same deed restrictions as a result of Ordinance 81 enacted by the Government of the Municipality of Makati, as well as Comprehensive Zoning Ordinance 8101 promulgated by the Metropolitan Manila Commission, which two ordinances allegedly allowed the use of Jupiter Street both for residential and commercial purposes. It was likewise held that these twin measures were valid as a legitimate exercise of police power. Issue: Whether the constitutional guarantee on non-impairment of contracts can be raised as a deterrent to the exercise of police power. Held: All contracts are subject to the overriding demands, needs, and interests of the greater number as the State may determine in the legitimate

    exercise of police power. The Court guarantees sanctity of contract and is said to be the law between the contracting parties, but while it is so, it cannot contravene law, morals, good customs, public order, or public policy. Above all, it cannot be raised as a deterrent to police power, designed precisely to promote health, safety, peace, and enhance the common good, at the expense of contractual rights, whenever necessary. Police power is the power to prescribe regulations to promote the health, morals, peace, education, good order or safety and general welfare of the people. Invariably described as the most essential, insistent, and illimitable of powers and in a sense, the greatest and most powerful attribute of government, the exercise of the power may be judicially inquired into and corrected only if it is capricious, whimsical, unjust or unreasonable, there having been a denial of due process or a violation of any other applicable constitutional guarantee. Police power is elastic and must be responsive to various social conditions; it is not confined within narrow circumscriptions of precedents resting on past conditions; it must follow the legal progress of a democratic way of life. Public welfare, when clashing with the individual right to property, should be made to prevail through the states exercise of its police power. Herein, the MMC Ordinance represents a legitimate exercise of police power, as the ordinance is neither capricious or arbitrary or unreasonable; but that it is based on compelling interests of general welfare. The restrictive easements are similar to any other contract, and should not deter the valid exercise of police power. The MMC has reclassified Jupiter Street into a high density commercial zone, pursuant to Ordinance 81-01. Sangalang, BAVA, et. al., thus have no cause of action on the strength alone of said deed restrictions.

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