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AMELIA CABRERA v. MANUEL LAPID

FACTS:

This case involves a petition for review on certiorari seeking to reverse the Resolution and Order issued by the Office of the Ombudsman. The petitioner filed a Complaint-Affidavit against the respondents, accusing them of violating the Anti-Graft and Corrupt Practices Act and the Revised Penal Code. The petitioner alleged that she had a lease agreement with the Municipality of Sasmuan for a fishpond operation, but the respondents purposely ordered the destruction of her fishpond. The respondents submitted counter-affidavits, denying the accusations and claiming that the fishpond was illegal. The Ombudsman dismissed the complaint, ruling that the fishpond was a nuisance per se and could be abated by the respondents. The petitioner sought reconsideration, arguing that the authority to grant fishery privileges was vested in the municipalities. The Ombudsman affirmed its dismissal, ruling that the lease agreement was void ab initio. The Ombudsman concluded that the demolition was justified and a valid exercise of police power.

ISSUES:

  1. Whether the fishpond leased by petitioner is an illegal structure and a nuisance per se.

  2. Whether the destruction of petitioner's fishpond was justified.

  3. Whether the Ombudsman had jurisdiction to dismiss the complaint against the respondents.

RULING:

  1. The Ombudsman ruled that the fishpond leased by petitioner was an illegal structure and a nuisance per se. Therefore, the destruction of the fishpond was justified.

  2. The Ombudsman concluded that the demolition of the fishpond was a valid exercise of police power and in accordance with the provisions of Sec. 28 of P.D. No. 704.

  3. The Ombudsman had jurisdiction to dismiss the complaint against the respondents as it has authority to investigate and handle cases related to public officials.

PRINCIPLES:

  • The police power of the State allows for the abatement of nuisances in order to protect the welfare and safety of the public.

  • The Ombudsman has jurisdiction to investigate and handle cases involving public officials.