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ANTONIO BENOLIRAO v. CA

This case has been cited 1 times or more.

2007-11-23
CHICO-NAZARIO, J.
With respect to respondent's claim that the controversy must now be decided in light of latest Zoning Ordinance passed in 1999 or the Santa Rosa Zoning Ordinance, it must be stressed at this point that the present case arose in 1994 when respondent St. James Hospital, Inc., applied for a permit with the Housing and Land Use Regulatory Board (HLURB) to expand its hospital into a four-storey, forty-bed capacity medical institution, at which time, the zoning ordinance in effect was the 1991 Zoning Ordinance. It is a well-settled rule that the law in force at the time of the occurrence of the cause of action is the applicable law notwithstanding its subsequent amendment or repeal.[5] Hence, in resolving the instant case, the zoning ordinance to be used in interpreting the legality or illegality of said expansion is that which was in full force and effect at the time of the application for expansion which is the 1991 Zoning Ordinance, regardless of its subsequent amendment or repeal by the passage of the 1999 Zoning Ordinance.