Thursday, February 23, 2012

Chavez vs. National Housing Authority (NHA)

Facts: Former Solicitor General Frank Chavez files a case against BHA for prohibition to enjoin the NHA from implementing the Joint Venture Agreement (JVA) entered into by NHA with R-II Builders for the reclamation and development of the Smokey Mountain area in Tondo. Chavez imputes certain constitutional infirmities against the JVA, for instance that the NHA had no authority to order reclamation, the DENR’s approval was not secured, etc. Chavez also filed for Mandamus for the disclosure of papers and documents related to the project. 

Issue: Whether or not prohibition is proper 

Held: No. It was not shown that the NHA exercises quasi-judicial or judicial functions I relation to the project. It must be noted that under the ROC, among the entities mentioned are quasi-judicial or judicial agencies. 

It was not shown that there is no plain, adequate or speedy remedy in the ordinary course of law. It appears that Chavez could have filed administrative remedies against the NHA. 

Lastly, prohibition does not lie against acts which are already fait accompli. Note that the project has already been partially completed. 

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