Case Digest (G.R. No. L-33169)
Facts:
The case of Glicerio Javellana vs. Hon. Cesar Kintanar involves a petition filed by Glicerio Javellana, the owner of a market located in Crossing Bago, Bago City, against multiple respondents, including the Judge of the Court of First Instance of Negros Occidental, the City Council, City Mayor, and City Treasurer of Bago City. The events leading to the legal action unfolded in 1968 when the Bago City Treasurer rejected Javellana's payment for a municipal license for the third quarter, citing the enactment of Ordinance No. 150, which prohibited any individual or entity other than the city government from establishing or operating a public market within the city's jurisdiction. Disputing the legitimacy of Ordinances Nos. 142, 145, and 150, Javellana and intervenors — stall holders and vendors operating in his market — filed a petition seeking their nullification and an injunction against their enforcement. The case was initially addressed in the Court of First InstancCase Digest (G.R. No. L-33169)
Facts:
- Background of the Case
- The case involves appeals from the decision of the Court of First Instance of Negros Occidental dated January 12, 1971.
- The petition sought a declaration of nullity of Ordinances Nos. 142, 145, and 150, Series of 1968, enacted by the Municipal Board of Bago City.
- The petition also aimed to enjoin the enforcement of these ordinances.
- Parties Involved
- Petitioners:
- Glicerio Javellana, the owner of a market (building and lot) in Crossing Bago, Bago City.
- Juanito Novillas and other store owners, stall holders, and fish vendors, who joined the petition by filing a complaint in intervention.
- Respondents:
- Hon. Cesar Kintanar, Judge of the Court of First Instance of Negros Occidental.
- The City Council, City Mayor, and City Treasurer of Bago City.
- Operational Details of the Market
- Javellana’s market comprised a building and lot with store spaces as well as permanent and movable stalls.
- The market had been operational for more than twenty years serving the general population of Bago City and adjacent municipalities.
- Prior to the second quarter of 1968, the market operated under a Mayor’s permit of the City of Bago.
- In the third quarter of 1968, the city treasurer refused Javellana’s payment for a municipal license based on the enactment of Ordinance No. 150, which prohibited non-government entities from operating a public market within the city.
- Relevant Ordinances and Their Provisions
- Ordinance No. 142
- Amended provisions regarding the sale of perishable goods outside designated public markets, limiting such activities to persons who have complied with inspection and fee requirements.
- Taken as a regulatory and revenue ordinance.
- Ordinance No. 145
- Modified inspection and fee requirements for selling perishable foodstuffs within the city, requiring submission for inspection by the City Health Officer at the city-owned public market.
- Enacted to promote general welfare and public health.
- Ordinance No. 150
- Prohibited any person, entity, association, or corporation other than the City Government of Bago from establishing, maintaining, or operating a public market within the city limits.
- Provided penalties in the form of fines and/or imprisonment for violations, establishing a regulatory framework for market operations.
- Central Contention
- The appellants contended that the ordinances, particularly Ordinance No. 150, were unreasonable and beyond the power of Bago City.
- A key argument was that Javellana’s market, being privately owned, should not be classified as a public market subject to Ordinance No. 150.
- The dispute thus hinged on the interpretation of the term “public market” – whether it is determined by the ownership or by its service to the general public.
- Statutory and Legal Basis
- The ordinances were enacted under authority granted by Section 15 of R.A. No. 4382 (the Charter of Bago City).
- Specific provisions in the Charter empowered the Municipal Board to:
- Regulate and fix license fees for various businesses.
- Establish, maintain, and regulate the use of public markets.
- Enact ordinances necessary for the general welfare of the city.
- The lower court, as well as the appellate court, referenced relevant jurisprudence (e.g., Vda. de Salgado vs. De la Fuente) in discussing the definition of a public market.
Issues:
- Jurisdictional and Regulatory Authority
- Whether the Municipal Board of Bago City had the power under the City Charter (R.A. No. 4382) to enact ordinances regulating and prohibiting the operation of markets by non-government entities.
- Definition of “Public Market”
- Whether the legal and functional definition of a public market is determined by its dedication to serving the general public rather than its ownership status.
- Whether Javellana’s market, although privately owned, qualifies as a public market based on its extensive service to the general population.
- Validity of the Ordinances
- Whether Ordinances Nos. 142 and 145 are valid on the grounds of being regulatory and welfare-promoting measures.
- Whether Ordinance No. 150 is valid and properly applicable to the market in question given its statutory basis and public function.
- Application of the Ordinance to the Case
- Whether the application of Ordinance No. 150 to Javellana’s market is appropriate, considering the market’s operational characteristics and its role in serving the public.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)