THE Court of Appeals has upheld an order issued by Baguio City Mayor Benjamin Magalong to demolish a house illegally constructed inside a military reservation in the city.
In a July 9, 2025 decision penned by Associate Justice Ruben Reynaldo Roxas, the appellate court’s Third Division held that it is within Magalong’s authority as the local chief executive to order the demolition of a structure illegally built on the “Navy Base Military Reservation (Navy Base).”
Records of the case showed that petitioner Ana Liza Abuan asked the CA to reverse the December 2024 decision issued by the Baguio City Regional Trial Court junking her plea to stop the demolition of her three-story residence inside the military reservation.
In her petition, Abuan argued that she and her siblings are the lawful owners of the 419-square meter of land in St. Joseph Village since the Philippine Military Academy allowed her father, Sgt. Eduardo Adi, to occupy the land in 1990.
She said her family had established permanent residence on the property and had been consistently paying real property taxes to the city government.
But the city government said the structure was built without a permit since it could not legally issue one, given that it was located within the military reservation and owned by the state.
Abuan elevated the case to the CA after the RTC dismissed her petition.
But the CA held that since her structure is illegally constructed, Magalong has the authority to order its demolition.
“In appellant’s case, it is true that in 1990/1991, her father Sgt. Adi was allowed to occupy 100 square meters in the Navy Base upon which he could build a temporary residence. However, it is also true, as stated in the revocable permit that this benefit ended when Sgt. Adi retired in 2004, and this privilege could not be passed to his heirs. Consequently, appellant’s entitlement to remain on the subject property likewise ceased in 2004,” the CA said.
The appellate court noted that despite this, the petitioner continued to use the property and even made improvements to the house.
This, the appellate court held, despite the fact that the government to date has not granted ownership of the areas to any individual.
“Here, it is undisputed that the subject property forms part of a military reservation, which is considered inalienable public land,” the CA explained, adding that the Supreme Court has held in previous jurisprudence that such lands reserved for military use cannot be appropriated or possessed by private individuals.
Moreover, the appellate court said that while Abuan made numerous improvements and investments on the property, “these do not confer property rights.”
“Possession, even if open, continuous, and under bona fide claim, only applies to alienable and disposable lands of the public domain. Without proof that the Navy Base has been reclassified as alienable and disposable, appellant’s claim remains untenable,” the CA said.
“Verily appellant’s long-term possession and improvements do not override the constitutional and statutory framework governing public lands. The absence of any legal title or government act authorizing private ownership renders her claim invalid,” it added.
With this, the appellate court stressed that Magalong’s order is not only lawful but also necessary to uphold public interest and enforce land use regulation.
“If any, the only requisites that need to be satisfied for the exercise of such demolition power are the illegality of the structures and observance of procedural due process rights,” the CA said in upholding Magalong’s demolition order.
