Social Justice Society vs. Atienza, Jr.

G.R. No. 156052, February 13, 2008

CORONA, J.
FACTS:
A petition for mandamus was filed by the Social Justice Society against Jose L. Atienza, Jr.,
then Mayor of the City of Manila, to compel the latter to enforce Ordinance No. 8027, which
reclassified the Pandacan area from Industrial II to Commercial I. The ordinance directed the
owners and operators of businesses disallowed under the reclassification to cease and desist
from operating within six months from its effectivity. Among the businesses affected by the
reclassification were the Pandacan Terminals of Chevron, Petron, and Shell.
Thereafter, the city council of Manila enacted Ordinance No. 8119, also known as the Manila
Comprehensive Land Use Plan and Zoning Ordinance of 2006. Aggrieved anew, the oil
companies filed their complaint in the RTC, asking for the nullification of Ordinance No.
8119.
ISSUE:
Whether local ordinance is subject to mandatory judicial notice.
RULING:
The March 7, 2007 decision did not take into consideration the passage of Ordinance No.
8119 because the Court was never informed about it.
While courts are required to take judicial notice of the laws enacted by Congress, the rule
with respect to local ordinances is different. Ordinances are not included in the enumeration
of matters covered by mandatory judicial notice under Section 1, Rule 129 of the Rules of
Court.
Although, Section 50 of RA 409 provides that: “SEC. 50. Judicial notice of ordinances. —
All courts sitting in the city shall take judicial notice of the ordinances passed by the
[Sangguniang Panglungsod].” this cannot be taken to mean that this Court, since it has its
seat in the City of Manila, should have taken steps to procure a copy of the ordinance on its
own, relieving the party of any duty to inform the Court about it.
Even where there is a statute that requires a court to take judicial notice of municipal
ordinances, a court is not required to take judicial notice of ordinances that are not before it
and to which it does not have access. The party asking the court to take judicial notice is
obligated to supply the court with the full text of the rules the party desires it to have notice
of. Counsel should take the initiative in requesting that a trial court take judicial notice of an
ordinance even where a statute requires courts to take judicial notice of local ordinances.