MAYOR MARCIAL
VARGAS AND ENGR. RAYMUNDO DEL ROSARIO VS. FORTUNATO CAJUCOM, G.R. No.
171095, June 22, 2015.
“x x x.
Flowing from this,
however, is the reality that two of the three obligations, those which would
“require owners of illegally constructed structures to obtain the necessary
permit” and “make necessary changes in the construction of said structures” are
simply not enforceable due to the
inherent illegality of the structures concerned which were all built on public
areas. No amount of permits nor change in construction would legitimize
the illegal structures as they are
built on property for public use, which is the public highway. Such is
a factual finding that is binding on this Court. The court below found that the
areas occupied are the shoulder and
drainages which are part of the road’s right-of-way and which, in turn, is
considered part of the highway under Presidential Decree No. 17, as amended,
otherwise known as the Revised Philippine Highway Act of 1972.23 Punoet al. will never legally acquire the same by
prescription, for prescription does
not run against the State or its subdivisions on any of its non-patrimonial
property.24 The provincial road whose shoulder was occupied by these defendants is
one such non-patrimonial property.25 And as
far as the structures obstruct free
passage to the road, they likewise will never attain legality by mere lapse of time.26
X x x.”
