In Rellosa vs. Pellosis, the Supreme Court ruled that prematurely enforcing a demolition order, before the appeal period expires, constitutes an abuse of rights, warranting damages. This decision underscores the importance of adhering to due process, even when a party possesses a seemingly valid order. It serves as a reminder that property rights must be exercised in good faith and with respect for the legal remedies available to affected parties.

The Rush to Demolish: Did Property Rights Trump Due Process?

The case revolves around a dispute between Vicente Rellosa and Cynthia Ortega (petitioners), and Gonzalo Pellosis, Inesita Moste, and Danilo Radam (respondents), who were lessees of a property later acquired by Ortega. After obtaining a demolition order from the Office of the Building Official, Ortega, along with Rellosa, initiated the demolition of the respondents’ houses just a day after the respondents received the order, effectively preventing them from appealing the decision. This led to a suit for damages, with the Court of Appeals ruling in favor of the respondents. The core legal question is whether the petitioners’ right to enforce the demolition order superseded the respondents’ right to due process and the opportunity to appeal.

The Supreme Court anchored its decision on Article 19 of the Civil Code, which embodies the principle of abuse of rights. This provision mandates that every person must act with justice, give everyone his due, and observe honesty and good faith in the exercise of their rights and performance of their duties. The Court emphasized that while Ortega, as the property owner, had the right to enjoy and dispose of her property, this right is not absolute and must be exercised within legal limitations. As the court elucidates:

“Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.”

The premature demolition, the Court reasoned, was a clear violation of this principle. The respondents were deprived of their legal right to appeal the demolition order, as the petitioners acted before the 15-day appeal period had lapsed. The Court acknowledged the eventual affirmation of the demolition order by the Department of Public Works and Highways. However, it stressed that this subsequent validation did not excuse the petitioners’ initial disregard for the respondents’ right to due process.

Furthermore, the Court explained that a right is not merely a power, but a legally enforceable claim one person has against another. In this case, the respondents had a right to avail themselves of the appeal process before being subjected to the demolition order. By acting preemptively, the petitioners not only violated this right but also acted contrary to the principles of justice and fair dealing.

The implementing rules and regulations of Presidential Decree No. 1096 (the National Building Code) clearly specify the appeal process for parties adversely affected by a decision of the Building Official. In this instance, the court quoted that paragraph 23 states that a fifteen-day period from the receipt of a copy of the resolution must lapse for an appeal to be perfected. The Court of Appeals cited this in their ruling:

“Thus, by the clear provisions of paragraph 23 of the Implementing Rules and Regulations of PD 1096 (otherwise known as the Building Code), above, appellants, being the parties adversely affected by the November 27, 1989 Resolution of the Office of the Building Official, had fifteen (15) days from receipt of a copy of the same within which to perfect an administrative appeal. Thus, since appellants received a copy of the Resolution on December 7, 1989, they had until December 22, 1989 within which to perfect an administrative appeal and until such time, the said Resolution was not yet final and executory.”

The Supreme Court also addressed the issue of damages. While it affirmed the appellate court’s decision to award damages to the respondents, it found the amounts initially awarded to be excessive. The Court reduced the exemplary and moral damages awarded to each respondent from P75,000 to P20,000, deeming the reduced amounts more reasonable under the circumstances.

The decision in Rellosa vs. Pellosis carries significant implications for property owners and those affected by demolition orders. It highlights the delicate balance between the right to property and the right to due process. Property owners, while entitled to enforce their rights, must do so in a manner that respects the legal remedies available to those affected by their actions. Any premature or arbitrary exercise of property rights, especially when it deprives others of their legal recourse, can result in liability for damages.

This case also reinforces the importance of adhering to administrative procedures and regulations. Government agencies, such as the Office of the Building Official, must ensure that their decisions are implemented in accordance with the law, respecting the rights of all parties involved. Failure to do so can lead to legal challenges and potential liability.

FAQs

What was the key issue in this case?	The key issue was whether the premature demolition of the respondents’ houses, before the appeal period expired, constituted an abuse of rights.
What is the principle of abuse of rights?	The principle of abuse of rights, as embodied in Article 19 of the Civil Code, requires every person to act with justice, give everyone his due, and observe honesty and good faith in the exercise of their rights.
What is the appeal period for a demolition order from the Office of the Building Official?	The appeal period is fifteen (15) days from receipt of a copy of the demolition order.
What was the ruling of the Supreme Court in this case?	The Supreme Court ruled that the premature demolition was an abuse of rights and affirmed the award of damages to the respondents, albeit reducing the amounts initially awarded.
What is the significance of this case for property owners?	This case emphasizes that property owners must exercise their rights in good faith and with respect for the legal remedies available to those affected by their actions.
What is the significance of this case for lessees facing demolition orders?	This case reinforces the right of lessees to due process and the opportunity to appeal a demolition order before it is implemented.
What kind of damages were awarded in this case?	The Court awarded moral and exemplary damages to the respondents, although the amounts were reduced from the appellate court’s initial award.
What is the role of good faith in exercising one’s rights?	Good faith requires that individuals exercise their rights honestly and fairly, without intending to cause harm or prejudice to others.

The Rellosa vs. Pellosis case serves as a crucial reminder that property rights, while fundamental, are not absolute. They must be exercised responsibly and in accordance with the law, respecting the rights and remedies available to all parties involved. This decision underscores the importance of due process and the need to act in good faith when enforcing legal orders.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Vicente Rellosa, Cynthia Ortega Assisted by Husband Roberto Ortega vs. Gonzalo Pellosis, Inesita Moste, and Danilo Radam, G.R. No. 138964, August 09, 2001