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DACANAY, Jr. vs. ASISTIO, G.R. No. 93654

The Supreme Court ruled that public streets cannot be leased or licensed to market stallholders through a city ordinance. Public streets are considered property for public use and outside the commerce of private individuals. As such, public streets cannot be the subject of contracts like leases. The case involved a city mayor who allowed market stalls to occupy public streets in the city. However, the Court found this to be illegal as public streets must remain free for public use and cannot be leased to private parties like market vendors.

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JUAN REINO CABITAC
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690 views1 page

DACANAY, Jr. vs. ASISTIO, G.R. No. 93654

The Supreme Court ruled that public streets cannot be leased or licensed to market stallholders through a city ordinance. Public streets are considered property for public use and outside the commerce of private individuals. As such, public streets cannot be the subject of contracts like leases. The case involved a city mayor who allowed market stalls to occupy public streets in the city. However, the Court found this to be illegal as public streets must remain free for public use and cannot be leased to private parties like market vendors.

Uploaded by

JUAN REINO CABITAC
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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DACANAY, Jr. vs.

ASISTIO
G.R. No. 93654 May 6, 1992
GRIÑO-AQUINO, J.

DOCTRINE: A public street is a property for public use, hence, outside the commerce of
man. Being outside the commerce of man, it may not be the subject of lease or other
contracts.

FACTS: The Metropolitan Manila Commission enacted an Ordinance designating certain


city and municipal streets, roads and open spaces as sites for flea markets. Pursuan thereto,
the Caloocan City mayor opened up 7 flea markets in that city.

One of those streets was the “Heroes del ‘96” where the petitioner lives in 1987, Antonio
Martinez, as OIC City Mayor of Caloocan, caused the demolition of the market stalls on
heroes del ’96, V. Gozon and Gonzales streets. The stall owners objected thereto and filed
an action for prohibition, but it was dismissed by the RTC and held that the streets are of
public dominion, therefore, it is outside of the commerce of man. Macario Asistio Jr., the
subsequent Mayor did not purse the demolition which prompted Dacanay, a concerned
citizen, taxpayer and registered voter of Caloocan City, who reside in one of the affected
streets, to write a letter to the mayor, requesting him to uphold the ruling of the RTC, but
such was unheeded. Hence, he filed a complaint on Ombudsman against Mayor Asistio and
Engineer Sarne, saying that it would be harsh and inhuman to eject them from the area in
question, for their relocation would not be an easy task. Hence, the present petition for
mandamus to enforce the decision of the RTC.

ISSUE: May public streets or thoroughfares be lease or licensed to market stallholders by


virtue of a city ordinance or resolution of the Metro Manila Commission?

RULING: The Court ruled in the negative and ruled in favor of the petitioner. The Court
held that the market stalls were constructed in public street and that according to Art. 420
and 424 of the Civil Code: A public street is a property for public use, hence, outside the
commerce of man. Being outside the commerce of man, it may not be the subject of lease or
other contracts.

As the stallholders pay fees to the City of Government for the right to occupy portions of the
public street, the City Government, contrary to law, has been leasing portions of the streets
to them. Such leases or licenses are null and void for being contrary to law. The right of the
public to use the city streets may not be bargained away through contract.

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