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Consular Area Residents Associatio Vs Casanova

The Consular Area Residents Association filed a case to stop the demolition of structures they claimed were within the Diplomatic and Consular Area by the Bases Conversion and Development Authority. However, the petition was denied because the residents failed to prove the structures were actually within the diplomatic area. Additionally, the demolition and eviction activities in the JUSMAG area by BCDA had already been completed, so there was no action for the court to take since the requested injunctive relief involved restraining an act that had already occurred. Therefore, the court dismissed the petition.

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24 views1 page

Consular Area Residents Associatio Vs Casanova

The Consular Area Residents Association filed a case to stop the demolition of structures they claimed were within the Diplomatic and Consular Area by the Bases Conversion and Development Authority. However, the petition was denied because the residents failed to prove the structures were actually within the diplomatic area. Additionally, the demolition and eviction activities in the JUSMAG area by BCDA had already been completed, so there was no action for the court to take since the requested injunctive relief involved restraining an act that had already occurred. Therefore, the court dismissed the petition.

Uploaded by

Zjai Sims
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© © All Rights Reserved
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CONSULAR AREA RESIDENTS ASSOCIATIO vs CASANOVA

789 SCRA 209

The Facts

respondent Casanova, as President and Chief Executive Officer of the BCDA, sent a informing petitioner and
its members that they should, within a seven (7)-day period coordinate with BCDA officials should they
choose to either accept the relocation package being offered to them, or voluntarily dismantle their
structures and peacefully vacate the property.

Petitioner filed the present case to enjoin the demolition of their structures which they claimed are within
the Diplomatic and Consular Area, and not the JUSMAG Area.

Issue: whether or not the demolition should be enjoined.

Ruling: The petition lacks merit. The petitioners has failed to prove that the structures for which they seek
protection against demolition fall within the diplomatic and consular area. Also the demolition and eviction
activities in the JUSMAG area has already been completed. This since the prayers for injunctive reliefs do not
lie to restrain an act that is already fait accmpli, there is no other proper course of action but to dismiss the
petition.

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