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 Panglunsod of Maynila enacted Ordinance No.
8027. Hon. Jose L. Atienza, jr. approved the said ordinance on November 28, 2001. and it
became effective on December 28, 2001. Ordinance No. 8027 reclassified the area of Pandacan
and Sta. Ana 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. Among the businesses situated in the area are the
so-called Pandacan Terminals of the oil companies Caltex, Petron and Shell.
However, on June 26, 2002, the City of Manila and the Department of Energy entered into a
memorandum of understanding with the oil companies in which they agreed that :scaling down
of Pandacan Terminals was the most viable and practicable option. Under the memorandum of
understanding, the City of Manila and the Department of Energy permits the Oil Companies to
continuously operate in compliance with legal requirements, within the limited area resulting
from the joint operations and the scale down program.
The Sangguniang Panlungsod ratified the memorandum of understanding in Resolution No. 97.
In that resolution, the Sanggunian declared that the memorandum of understanding was effective
only for a period of six months starting July 25, 2002. Thereafter, on January 30, 2003, the
Sanggunian adopted Resolution No. 13 extending the validity of Resolution No. 97 to April 30,
2003 and authorizing Mayor Atienza to issue special business permits to the oil companies.
Resolution No. 13, s. 2003 also called for a reassessment of the ordinance.
Issue: Whether or not respondent has the mandatory legal duty to enforce Ordinance No. 8027
and order the removal of the Pandacan Terminals. And Whether or not the June 26, 2002
memorandum of understanding and the resolutions ratifying it can amend or repeal Ordinance
No. 8027.
Held: 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Ordinance No. 8027 as long as it has not been repealed by the Sanggunian or negated by the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.