Tapay v. Cruz
NEW DOCTRINEFacts
The Antecedents: Petitioner Arch. Domingo R. Tapay was the incumbent Building Official of Quezon City, appointed by the Minister of Public Works and Highways on March 4, 1982. On July 28, 1988, MMC Acting Governor Elfren Cruz issued Office Order No. 70 recalling petitioner to the MMC Action Center for Infrastructure Development. Subsequently, on August 11, 1988, MMC Acting Governor Cruz issued Office Order No. 75 designating respondent Arch. Leonardo Espinosa, Jr. as the Acting MMC Building Official of Quezon City. Respondent Mayor Brigido Simon, Jr. issued a Memorandum on August 17, 1988, directing all Quezon City government units to course official transactions pertaining to the National Building Code through Arch. Espinosa. Procedural History: Petitioner assailed the legality of the Office Orders and the Memorandum, seeking their nullification. The Petition: Petitioner contended that the orders and memorandum were without legal basis, asserting that he was a national official over whom the MMC Acting Governor and the Mayor of Quezon City had no power of control or supervision. He argued that the Secretary of Public Works and Highways, not the MMC Governor or the Mayor, possessed the power to appoint Building Officials pursuant to P.D. No. 1096.
Issue(s)
Whether the Metro Manila Commission (MMC) Governor has the authority to appoint Building Officials within Metropolitan Manila. Whether Office Order Nos. 70 and 75 of the MMC Acting Governor, and the Memorandum dated August 17, 1988, of the Mayor of Quezon City, are legal and valid.
Ruling
The petition is GRANTED. Office Order Nos. 70 and 75 of respondent MMC Acting Governor, as well as the Memorandum dated August 17, 1988, of respondent Mayor, are declared null and void and of no effect whatsoever. The restraining order earlier issued is made permanent.
Ratio Decidendi
On the authority to appoint Building Officials in Metro Manila: The Court held that the power to appoint Building Officials throughout the country, including Metro Manila, pertains solely to the Secretary of Public Works and Highways. This power is a corollary to the Secretary's authority to administer and enforce the National Building Code (P.D. No. 1096), as explicitly provided in Section 201 of the Code. Building Officials are considered national officials because they exercise a function of national concern, acting as deputies of the Secretary of Public Works and Highways in their respective jurisdictions, as stated in Section 205 of P.D. No. 1096. The Court cited Opinion No. 140, Series of 1987, of the Department of Justice, which affirmed this position, emphasizing that the administration and enforcement of the National Building Code is a primary concern of the national government. The fact that the MMC provided positions and paid salaries for Building Officials from MMC funds does not alter their status as national officials, as their functions are subject to the supervision and control of the national authority. On the legality of the MMC Office Orders and Mayor's Memorandum: Consequently, the Office Orders issued by the MMC Acting Governor and the Memorandum issued by the Mayor of Quezon City, which attempted to appoint or designate an Acting Building Official for Quezon City and directed official transactions to be coursed through him, were declared null and void. These actions were deemed to be without legal basis because the MMC Governor and the Mayor lacked the authority to appoint Building Officials. The Court clarified that Letter of Instruction (LOI) No. 624, which respondents relied upon, was not intended to amend or supersede Section 201 of P.D. No. 1096. Instead, LOI No. 624 was a directive for cooperation and coordination in the implementation of P.D. No. 1096 within Metro Manila, with the Secretary of Public Works and Highways retaining the power to provide technical supervision and guidance and to detail an overall MMA Building Official. The LOI did not confer the power of administration and enforcement of the National Building Code in Metro Manila to the MMC Governor, nor did it transfer the power of appointment.
Main Doctrine
The power to appoint Building Officials in Metro Manila is vested solely in the Secretary of Public Works and Highways, as a corollary to his power to administer and enforce the National Building Code (P.D. No. 1096).