El Deposito v. Lood 47 SCRA 174 [G.R. No. L-31864] Case Digest

 

El Deposito v. Lood 47 SCRA 174

G.R. No. L-31864

 

Facts:

Petitioners filed an action for certiorari  and prohibition with preliminary injunction to set aside respondent court's questioned orders denying petitioners' motions for issuance of a writ of preliminary injunction to stay the demolition and removal of their houses and structures on a parcel of public land in barrios in San Juan, Rizal (more popularly known as "El Deposito" from the Spanish times). Petitioners' action below was one for declaratory relief to declare as null and void as ex post facto legislation, municipal ordinance No. 89, as amended, of respondent Municipality of San Juan, prohibiting squatting on public property.

 

Issue:

Whether or not the properties of the Petitioners were public nuisance.

 

Held:

Yes.

 

Ratio:

On the main issue at bar, the Court is satisfied that by no means may respondent court be said to have exceeded its authority or gravely abused its discretion in issuing its questioned orders denying petitioners' motion below for a writ of preliminary injunction allegedly "to maintain the status quo" and stay demolition and removal of their illegal constructions found to be public nuisances per se and serious hazards to public health.