Facts:

• Tan Seng Hoo and other Chinese citizens were occupying market stalls in the public markets of Manila under licenses issued in accordance with Republic Act No. 37 and Department Order No. 32.
• These licenses were granted to them because there were no Filipino applicants for the stalls.
• On May 26, 1949, they received a notice requiring them to vacate their stalls within 24 hours, with a warning that the police would forcibly remove them if they did not comply.
• In response, they filed a petition for prohibition in the Court of First Instance of Manila, seeking to prevent the Mayor and other city officials from evicting them from their stalls.
• The court initially issued a preliminary injunction, but later dismissed their petition.
• The City Treasurer then sent letters to the petitioners ordering them to vacate their stalls within five days.
• The petitioners appealed the decision of the lower court and filed a motion to transfer the case to the Supreme Court.

Issue:

• (Unlock)

Ruling:

• The preference given to Filipino citizens is not discriminatory and is a privilege granted to them by constitutional provision.
• The occupation of a market stall is not a strict right and can be cancelled at any time by the city authorities.
• It is only a temporary concession given to foreigners to generate income for the city....(Unlock)

Ratio:

• The court's decision is based on the constitutional provision that reserves the operation of all public services to Filipino citizens.
• Public markets are considered public services and should be operated by Filipino citizens.
• The preference given to fo...continue reading