RESOLUTION NO. 2000-263
WHEREAS, received by the Sanggunian for appropriate action was the application of Mr. Robert L. Obiedo of ARE Square Realty Development Corporation for Preliminary Approval for Locational Clearance (PALC) for a First Class Memorial Park located at Barangay Balatas, City of Naga;
WHEREAS, the City Planning & Development Office evaluated and reviewed the documents submitted by Mr. Robert L. Obiedo for the purpose and found that the substantial requirements have been complied with;x x x x x x x x x
BE IT RESOLVED, as it is hereby resolved, to approve the application of Mr. Robert L. Obiedo of ARE Square Realty Development Corporation for Preliminary Approval for Locational Clearance (PALC) for a First Class Memorial Park located at Barangay Balatas, City of Naga.RESOLUTION NO. 2000-354
WHEREAS, received by the Sangguniang Panglungsod for consideration was the letter dated September 4, 2000 of Mr. Robert L. Obiedo through his official representative Mrs. Alice C. Enojado of the ARE Square Realty Development Corporation applying for a Development Permit (DP) for their proposed Eternal Gardens Memorial Park with a total area of 60, 781 sq. m. located at Barangay Balatas, this city;
WHEREAS, in the Technical Evaluation Report dated October 2, 2000, the City Planning & Development Officer manifested that after evaluation and review of the submitted documents they found that the applicant has substantially complied with the requirements;x x x x x x x x x
BE IT RESOLVED, as it is hereby resolved, to approve the application for Development Permit (DP) of Mr. Robert L. Obiedo of the ARE Square Realty Development Corporation to develop the Eternal Gardens Memorial Park located at Barangay Balatas, this city, subject to the following conditions and compliance of all existing laws, ordinances, rules and regulations and further favorably endorsing the same to the Housing Land Use and Regulatory Board (HLURB) for appropriate action, to wit:x x x x x x x x x [Emphasis supplied]ORDINANCE NO. 2000-059
Be it ordained by the Sangguniang Panglungsod of the City of Naga, that:
SECTION 1. - Ordinance No. 401, s. 1972, entitled: "An Ordinance Regulating the Establishment, Maintenance and Operation of Private Memorial Park-Type Cemetery or Burial Ground within the Jurisdiction of Naga City, and Providing Penalties for Violation Thereof"; specifically sub-paragraph (2) of paragraph (c) under Section 3 and sub-paragraph (a) under Section 5 thereof, on the minimum area of the proposed cemetery and Mayor's Permit and License Fees, respectively, is hereby amended, now to read follows:'SECTION 3. - the operation and maintenance of the private memorial park-type cemetery established pursuant to this Ordinance shall be subject to the provisions of the cemetery law and/or other pertinent laws as well as rules and regulations promulgated or as may be promulgated by the Municipal Board, subject further to the following conditions:x x x x x x x x x
(c) No application for the establishment of a private cemetery shall be considered:x x x x x x x x x
(2) if the proposed private cemetery site is less than five (5) hectares;x x x x x x x x x.'
"THE TRIAL COURT ERRED IN HOLDING THAT HLURB HAS JURISDICTION OVER THE CASE.
THE TRIAL COURT ERRED IN NOT GRANTING APPELLANTS' PRAYER FOR TRO AND OR WRIT OF PRELIMINARY INJUNCTION."10
"Indeed, the doctrine of administrative remedies requires that resort be first made to the administrative authorities in cases falling under their jurisdiction to allow them to carry out their functions and discharge their liabilities within the specialized areas of their competence. This is because the administrative agency concerned is in the best position to correct any previous error committed in its forum. Clearly, the filing of the petition for declaratory relief with the trial court had no basis, as there can be no issue ripe for judicial determination when the matter is within the primary jurisdiction of an administrative agency, the HLURB.
Consequently, inasmuch as the filing of the petition below was premature, appellant's application for temporary restraining order and/or writ of preliminary injunction, which is merely ancillary to the petition, has no leg to stand on."
"THE COURT OF APPEALS GRAVELY ERRED IN HOLDING THAT THE PETITION FOR DECLARATORY RELIEF FILED WITH THE TRIAL COURT AS PREMATURE AND HAVING NO BASIS, ON THE PRETEXT THAT THE ISSUE RAISED THEREIN IS NOT YET RIPE FOR ADJUDICATION.
THE COURT OF APPEALS GRAVELY ERRED IN NOT APPLYING THE EXCEPTIONS TO THE GENERAL RULE ON THE EXHAUSTION OF ADMINISTRATIVE REMEDIES BEFORE RESORT TO COURTS.
THE COURT OF APPEALS GRAVELY ERRED IN NOT RECONSIDERING ITS DECISION."14
Endnotes:
* Designated as additional member in lieu of Justice Diosdado M. Peralta per raffle dated June 22, 2009.
1 Rollo, pp.35-43.
2 Id. at 127-129.
3 Id. at 45-46.
4 Id. at 47-58.
5 Resolution Approving the Application of Mr. Robert L. Obiedo of ARE Square Realty Development Corporation for Preliminary Approval for Locational Clearance (PALC) for a First Class Memorial Park located at Barangay Balagtas, City of Naga; Id. at 60-61.
6 Resolution Approving the Application for Development Permit (DP) of Mr. Robert L. Obiedo of the ARE Square Realty Development Corporation to develop the Eternal Gardens Memorial Park located at Barangay Balagtas, this city, subject to certain conditions, and compliance of all existing Laws, Ordinances, Rules and Regulations and further favorably Endorsing the same to the Housing Land Use and Regulatory Board (HLURB) for appropriate action; Id. at 62-63.
7 An Ordinance Amending Ordinance No. 401, S. 1972, entitled: "An Ordiannce Regulating the Establishment, Maintenance and Operation of Private Memorial Park-Type Cemetery or Burial Ground within the jurisdiction of Naga City, and Providing Penalties for Violation thereof", specifically subparagraph (2) of paragraph (c) under Section 3 and subparagraph (A) under Section 5 thereof on the Minimum Area of the Proposed Cemetery and Mayor's Permit and License Fees, respectively; Id. at 64-65.
8 Id. at 66-68.
9 Id. at 127-129.
10 Id. at 146.
11 Id. at 35-43.
12 Id. at 45-46.
13 Id. at 9; Appellants Wenceslao D. San Andres, Jose A. Ocampo, Cresensana M. Vargas, Alfonso N. Peralta, Otilla C. Sierra, Jovito A. Delos Santos, William Tan and Felipe Sese are not included as petitioners due to their failure to signify their interest in pursuing the case with the Supreme Court or that their present whereabouts cannot be located.
14 Id. at 24.
15 Id. at 181-195.
16 Id. at 215-221.
17 Id. at 227-231.
18 Id. at 233.
19Almeda v. Bathala Marketing Industries, Inc., G.R. No. 150806, January 28, 2008, 542 SCRA 470.
20 Euro-Med Laboratories, Phil., Inc. v. The Province of Batangas, G.R. No. 148106, July 17, 2006, 495 SCRA 301.