FACTS:

The petition involves a dispute between petitioner People's Eco-Tourism and Livelihood Foundation, Inc. (PETAL) and respondents Mayor Melquiades D. Azcuna, Jr. and Building Official Marietes B. Bonalos. PETAL is a non-governmental organization engaged in the protection and conservation of ecology, tourism, and livelihood projects within Misamis Occidental. In 1995, PETAL built cottages and a seminar cottage on Capayas Island, which it rented out to the public and provided livelihood to beneficiaries. However, in 2002, respondents issued Notices of Illegal Construction against PETAL for failing to apply for a building permit. Despite several notices, PETAL continued construction activities on Capayas Island.

In July 2002, the Sangguniang Bayan of Lopez Jaena adopted Municipal Ordinance No. 02, prohibiting the entry of any entity inside the sanctuaries and the construction of structures on the premises without authorization. On August 23, 2002, a Notice of Voluntary Demolition was served on PETAL, directing them to remove the structures on Capayas Island. PETAL, along with individual petitioners, filed an action for injunction and damages, alleging prior vested rights and challenging the validity of the subject ordinance.

The Regional Trial Court (RTC) declared the subject ordinance as invalid but ordered PETAL to remove the structures. The Court of Appeals (CA) reversed the RTC's decision, ruling that the subject ordinance was valid and the petitioners have no proprietary rights over Capayas Island. PETAL's motion for reconsideration was denied by the CA. Hence, the petition before the Supreme Court. The main issue is the validity and enforceability of the subject ordinance against the petitioners.

ISSUES:

1. Whether or not the subject ordinance is valid and enforceable against petitioners.

RULING:

1. The Court of Appeals held that the subject ordinance is valid. The ordinance was deemed approved by operation of law due to the failure of the Sangguniang Panlalawigan to declare it invalid within 30 days after its submission. The CA also found that the subject ordinance underwent public consultation and was posted and published in conspicuous places, thus complying with the publication and hearing requirements. The CA further ruled that the Municipality of Lopez Jaena had the authority to pass and adopt the subject ordinance under the Local Government Code. As for the issue of proprietary rights over Capayas Island, the CA affirmed the RTC's ruling that petitioners have no such rights, rendering their action for injunction improper.

PRINCIPLES:

• Municipalities have the power and authority to pass and adopt ordinances within their jurisdiction under the Local Government Code.

• Failure of the Sangguniang Panlalawigan to declare an ordinance invalid within 30 days after its submission leads to its deemed approval by operation of law.

• Compliance with publication and hearing requirements is necessary for the validity of an ordinance.

• The national government, through the Department of Environment and Natural Resources, has authority and control over timberlands.