8/6/2019 188 Canlas v. de Aquino

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1 TORTS - TESORO

Canlas v. Hon. De Aquino and Tayag

TOPIC:

FACTS The Spouses Canlas, who were doctors by profession, constructed a house

which they made as a private hospital. It consists of 15 beds; two of which arefor charity cases.

When half of the private hospital was finished, the Spouses applied for a permit

to the Directors of Hospitals to operate and maintain a hospital. This wasgranted after a resolution recommending the same was enacted by theProvincial Board of Tarlac.

Now, Tayag, would like to construct a rice mill in front of the Hospital. As perMunicipal Ordinance No. 4, he needs a sanitary permit from the local healthofficer for the operation of any establishment, which may emit foul odor andphysical discomfort as to such degree as to constitute nuisance.

A permit was initially given to Tayag but was later revoked by the local healthofficer since the Hospital was first erected and that no sanitary permit wasobtained by Tayag.

The Spouses filed a complaint against Tayag inasmuch as he wanted to proceedwith the construction of the rice mill.

The CFI issued a writ of preliminary injunction. This was, however, lifted after abond in the amount of 2k was filed by Tayag.

ISSUE: WON Judge de Aquino erred in lifting the injunction?

HELD : YES!!!

The operation of a hospital is a matter that, not only concerns its owners oroperators, but also, if not more particularly affects the health and welfare of thecommunity, and that the damage sustained by the latter, in consequence, either of the obstruction to the proper operation of said hospital or of its closing, can notpossibly compensated in full.

Then, too, it would appear that respondent Judge issued the order complained of onaccount of "very reliable in formation" he had received privately, to the effect that"these days a ricemill can be operated without causing any noise or emitting anysmoke in such a way as (not) to be a nuisance to the neighborhood". In his order of March 10, 1960, refusing to reconsider the order of February 4, 1960, respondentstated, by way of justification for his reliance upon said "information", that,immediately after the construction of Tayag's ricemill, the Court intended to inspectthe same "and see whether it really can be operated without noise or smoke" andthat, if the ricemill is smoke while in was then found to "cause noise and emit smokewhile in operation", the court would " immediately enjoin its operation". This processof reasoning entails such a serious error of judgment as to constitute a grave abuseof discretion amounting to excess of jurisdiction.

ALBERTO BATTAC CO DELA ROSA GUERRERO REVOTE SALVADOR TAYAG