People v. Fajardo
G.R. No. L-12172; August 29, 1958
Respondents are charged with violation of Ordinance 7 Series of 1950 of the Municipality of Baao, Camarines Sur which penalizes a person who constructs a building without a permit from the mayor. Fajardo et. al. applied for a permit to the mayor but the latter denied the request on the ground that constructing a building in said lot “hinders the view of travelers from the National Highway to (the) public plaza”.
Whether or not the conviction of the respondents can stand
The conviction cannot stand. The subject ordinance fails to state any policy or to set up any standard to guide or limit the mayor’s action. The standards of the ordinance are entirely lacking making it unreasonable and oppressive, hence, not a valid ordinance. The State may not, under the guise of police power permanently divest owners of the beneficial use of their property and practically confiscate them solely to preserve or assure the aesthetic appearance of the community.