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COURT-GAVEL

Adrian Ayalin

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<div><span class="fr-img-caption fr-fic fr-dib" style="width:950px"><span class="fr-img-wrap"><img src="https://od2-image-api.abs-cbn.com/prod/editorImage/172317677405211053729_903093796402958_8587831939062309595_n.jpg" style="width:950px" class="fr-fic fr-dib" alt="Photo from the Facebook page of Manila Seedling Bank Foundation, Inc."/><span class="fr-inner" style="text-align:left">Photo from the Facebook page of Manila Seedling Bank Foundation, Inc.</span></span></span></div><div><br/></div><p>MANILA — The local government of Quezon City “wrongfully foreclosed” the environmental center of the Manila Seedling Bank Foundation, Inc. located at the corner of EDSA and Quezon Avenue, according to the Supreme Court (SC).</p><p>In a decision of the en banc dated July 30, 2024, the court stressed that local ordinances cannot contravene the Constitution or any law.</p><p>The issue between the Manila Seedling Bank and the local government started in 2003 when the city council enacted the Amended Quezon City Zoning Ordinance, which re-classified the property into a Metropolitan Commercial Zone and a portion of it as an Institutional Zone.</p><p>In 2012, the city refused to issue a locational clearance to the foundation which resulted to its failure to renew its business permit.</p><p>The city eventually foreclosed and sold the property at a public auction for non-payment of real property tax.</p><p>The city and the foundation filed their respective petitions for review on certiorari before the Supreme Court.</p><p>In the decision penned by Associate Justice Ramon Paul Hernando, they held that the city lacked the authority to reclassify the property for a use different from that originally intended by Proclamation No. 1670.</p><p>Proclamation No. 1670 of then President Ferdinand Marcos granted usufructuary rights to the foundation over the seven-hectare property owned by the National Housing Authority.</p><p>The foundation used the property as an environmental center, which serves as a plant nursery for the government’s reforestation projects.</p><p>“As the city wrongly foreclosed the property, the foundation may file the proper case against the city,” the SC said in a statement.</p><p>The Quezon City government said that it fully acknowledges the decision of the Supreme Court.</p><p>“We shall always respect the rule of law, and undertake to thoroughly review the High Court’s decision to fully understand its implications,” the QC government said <span id="isPasted" style="color:rgb(65, 65, 65);letter-spacing:normal;orphans:2;text-align:left;text-indent:0px;text-transform:none;widows:2;word-spacing:0px;-webkit-text-stroke-width:0px;white-space:normal;background-color:rgb(255, 255, 255);text-decoration-thickness:initial;text-decoration-style:initial;text-decoration-color:initial;display:inline !important;float:none">in a statement. </span></p><p>The local government said that it would closely monitor the decision and its directives and have its legal office evaluate for their appropriate actions.</p><p>“We remain fully committed to ensuring that our local policies and legislation, whether past or present, adhere to the proper legal principles and serve the best interests of our people,” the QC government added.</p><div><br/></div><div><strong>RELATED VIDEO: </strong></div><div><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/QJPIvY6Ebb0?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div>

<p>In a decision dated July 30, 2024, the Supreme Court stressed that local ordinances cannot contravene the Constitution or any law.</p>

In a decision dated July 30, 2024, the Supreme Court stressed that local ordinances cannot contravene the Constitution or any law.

SC says QC gov’t 'wrongfully foreclosed' Manila Seedling Bank Foundation

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SC says QC gov’t 'wrongfully foreclosed' Manila Seedling Bank Foundation

Adrian Ayalin,

ABS-CBN News

Published August 09, 2024 12:50 PM PHT

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