107.

Art 10, Sec 4

Social Justice Society (SJS), Vladimir Alarique T. Cabigao, and Bonifacio S.
Tumbokon
vs.
Hon. Jose L. Atienza, jr., in his capacity as Mayor of Manila
G.R. No. 156052 March 7, 2007

Facts:
On November 20, 2001, the Sangguniang Panlungsod of Manila enacted Ordinance No. 8027
and Atienza passed it the following day. Ordinance No. 8027 reclassified the area described
therein from industrial to commercial and directed the owners and operators of businesses
disallowed under Section 1 to cease and desist from operating their businesses within six
months from the date of effectivity of the ordinance. These were the Pandacan oil depots of
Shell and Caltex.

But the city of Manila and the DOE entered into an MOU which only scaled down the property
covered by the depots and did not stop their operations. In the same resolution, the Sanggunian
declared that the MOU was effective only for a period of six months starting July 25, 2002. It
was extended to 2003.
Petitioners filed for mandamus in SC urging the city to implement Ordinance 8027.
Respondents defense is that Ordinance No. 8027 has been superseded by the MOU and the
resolutions and that the MOU was more of a guideline to 8027.

Issue: Whether or not the City Mayor as the respondent has the mandatory legal duty to enforce
Ordinance No. 8027?

Held: Yes, the City Mayor, as the alter ego of the President, has the mandatory legal duty
to enforce the ordinance no. 8027.The Local Government Code imposes upon respondent the
duty, as City Mayor of Manila, to enforce all laws and ordinances relative to the governance of
the city. One of these is Ordinance No. 8027. As the chief executive of the city, he has the duty
to put into effect Ordinance No. 8027 as long as it has not been repealed by the Sanggunian or
negated by the courts.
On the other hand assuming that the terms of the memorandum of understanding were
contradictory with Ordinance No. 8027, the resolutions which ratified it and made it binding on
the City of Manila expressly gave it full force and effect only until April 30, 2003. There is nothing
that legally hinders respondent from enforcing Ordinance No. 8027. Wherefore the Court
Ordered Hon. Jose L. Atienza, Jr., as mayor of the city of Manila to immediately enforce
Ordinance No. 8027.

Mainpoint: Essentially, the oil companies are fighting for their right to property. They allege that they
stand to lose billions of pesos if forced to relocate. However, based on the hierarchy of constitutionally
protected rights, the right to life enjoys precedence over the right to property. The reason is obvious: life
is irreplaceable, property is not. When the state or LGUs exercise of police power clashes with a few
individuals right to property, the former should prevail