Republic of the Philippines

8th Judicial Region

MUNICIPAL TRIAL COURT IN CITIES
xxx
PEOPLE OF THE PHILIPPINES,
Plaintiff;
Criminal Case No. xxx
For:
-versusVIOLATION OF CITY ORDINANCE
NO. 9808 (ILLEGAL USE OF
SIDEWALK)
xxx
Accused.
x-------------------------------------------x

RESOLUTION
For resolution is a Demurrer to Evidence praying that this
case be dismissed due to the following grounds:
1.
2.
3.

The place of commission of the offense or the fact that the lot
where the house of the accused is a street or sidewalk was not
proved with reasonable certainty;
The house of the accused is not located on a street or a
sidewalk; and
A judgment of conviction would lead to the accused being
booted out from her dwelling place which she has used for a
long period of time.

Accused argues that, the prosecution did not present any

representative from the DENR or any pertinent government
agency to prove that the house is indeed constructed on a
sidewalk or street. The Sketch Plan presented is not signed by the
DENR, Bureau of Lands or any licensed geodetic engineer and
should not be given probative value.
On the other hand, the prosecution counters that, the fact
that the Sketch Plan is not signed by the DENR, Bureau of Lands
or any licensed geodetic engineer, does not mean that said
document has no probative value. It wa prepared by xx, one of
the Building Inspectorsof the Office of the City Building Official, xx
City, and duly noted by Engr. xx, the City Engineer of Tacloban
City. Having been duly issued by the pertinent government entity
tasked to enforce and properly monitor the enforcement of the
city ordinance, this document enjoys probative value to prove
that the house of the accused is located within the sidewalk of
Brgy. 2, xx City.
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The Court finds that the People has presented sufficient

evidence to prove all the elements of the crime as defined under
Section 1 of City Ordinane No. 98-08, to wit:
It shall be unlawful for any and all persons natural or juridical, to
construct, install, extend or maintain buildings, structures of any kind
or device and stalls on any street or a portion thereof, to include the
sidewalks within the City of Tacloban.

Section 2 of the said Ordinance defines sidewalk as paved

portion or walking at the side of the street for use of pedestrians.
The Peoples evidence, if not overcome by the accused by
contrary evidence, is sufficient to convict her of a crime.
The testimonies and the exhibits of the Prosecution should
be given credit because they come from persons or officials
authorized by law to monitor and enforce laws and ordinances
relevant to their office. The Local Government Code of 1991
provides:
Article Seven. - The Engineer
SEC. 477. Qualifications, Powers and Duties.
(a) No person shall be appointed engineer unless he is a citizen of
the Philippines, a resident of the local government unit concerned, of
good moral character, and a licensed civil engineer. He must have
acquired experience in the practice of his profession for at least five (5)
years in the case of the provincial or city engineer, and three (3) years
in the case of the municipal engineer. The appointment of an engineer
shall be mandatory for the provincial, city, and municipal governments.
The city and municipal engineer shall also act as the local
building official.
(b) The engineer shall take charge of the engineering office and
shall:
(1) Initiate, review and recommend changes in policies and
objectives, plans and programs, techniques, procedures and
practices in infrastructure development and public works in
general of the local government unit concerned;
(2) Advise the governor or mayor, as the case may be, on
infrastructure, public works, and other engineering matters;
(3) Administer, coordinate, supervise, and control the construction,
maintenance, improvement, and repair of roads, bridges, and other
engineering and public works projects of the local government unit
concerned;
(4) Provide engineering services to the local government unit
concerned, including investigation and survey, engineering
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designs, feasibility studies, and project management;

(5) In the case of the provincial engineer, exercise technical
supervision over all engineering offices of component cities and
municipalities;
(c) Exercise such other powers and perform such other duties
and functions as may be prescribed by law or ordinance.

Certainly, as shown above, there is no other person more

credible than the Building Official and his men to know and
determine the metes and bounds of every vertical and horizontal
structure of the city such as buildings, houses, roads and streets.
On the matter of humanitarian consideration, suffice it to say
that laws and ordinances and the enforcement thereof are not
meant to oppress and certainly not to deprive a person of his
rights, but to make sure that all men and women may live in a
community of peace and orderliness.
WHEREFORE, the Demurer to Evidence is denied for lack of
merit.
SO ORDERED.
IN CHAMBERS, xx City, 16 January 2017.

xx
Presiding Judge

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