Case Digest (G.R. No. 97764)
Facts:
Levy D. Macasiano, Brigadier General/PNP Superintendent, Metropolitan Traffic Command, v. Honorable Roberto C. Diokno, Presiding Judge, Branch 62, Regional Trial Court of Makati; Municipality of Paranaque; Palanyag Kilusang Bayan for Service, G.R. No. 97764, August 10, 1992, Supreme Court En Banc, Medialdea, J., writing for the Court.On June 13, 1990 the Municipality of Parañaque enacted Ordinance No. 86, Series of 1990 authorizing the closure of J. Gabriel, G.G. Cruz, Bayanihan, Lt. Garcia Extension and Opena Streets in Baclaran for establishment of a flea market. The municipal council acted pursuant to MMC Ordinance No. 2, Series of 1979. On July 20, 1990 the Metropolitan Manila Authority (MMA) approved the municipal ordinance subject to four express conditions (nonuse for vehicular traffic and lack of resident opposition; marking and pedestrian lanes; designated hours; temporariness pending reclamation development). On June 20, 1990 the municipal council also passed a resolution authorizing the mayor to contract with a service cooperative; on August 8, 1990 Palanyag Kilusang Bayan for Service (Palanyag) entered into an agreement with the municipality to operate, maintain and manage the flea market and erected market stalls on the streets.
On September 13, 1990 petitioner Brig. Gen. Macasiano, as PNP Superintendent of the Metropolitan Traffic Command, ordered destruction and confiscation of stalls along G.G. Cruz and J. Gabriel; the stalls were later returned to Palanyag. On October 16, 1990 he wrote Palanyag demanding discontinuance of the flea market within ten days or the stalls would be dismantled. On October 23, 1990 the Municipality and Palanyag filed in the Regional Trial Court of Makati (Branch 62) a joint petition for prohibition and mandamus with damages and prayed for a preliminary injunction to enjoin enforcement of Macasiano’s letter-order. The trial court issued a temporary restraining order on October 24, 1990 and, after hearing, on December 17, 1990 upheld the validity of Ordinance No. 86 and enjoined Brig. Gen. Macasiano from enforcing his letter-order.
Petitioner sought relief by a petition for certiorari under Rule 65 (alleging grave abuse of discretion tantamount to lack or excess of jurisdiction by the trial judge) asking the Supreme Court to annul the RTC’s order granting the preliminary injunction. The Solicitor General argued for petitioner that municipal streets are public p...(Subscriber-Only)
Issues:
- Whether Ordinance No. 86, Series of 1990 of the Municipality of Parañaque authorizing the closure and use/lease of municipal streets as a flea market is ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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