Case Digest (G.R. No. L-61311)
Facts:
In Felicidad Villanueva et al. v. Hon. Mariano Castaneda, Jr. et al. (G.R. No. 61311, September 21, 1987), the petitioners were stallholders operating a talipapa measuring 12 by 77 meters along Mercado Street, adjacent to the public market of San Fernando, Pampanga. In November 1961, Municipal Resolution No. 218 purportedly authorized 24 members of the Fernandino United Merchants and Traders Association to erect permanent stalls on that strip. Three days later, Civil Case No. 2040 was filed, and the Court of First Instance (CFI) of Pampanga, Branch 2 issued a preliminary injunction preventing construction pending final resolution. While the case was pending, the municipal council adopted Resolution No. 29 (January 18, 1964), declaring the same area a “parking place and public plaza,” implicitly revoking the 1961 authorization. On November 2, 1968, the CFI rendered judgment in Civil Case No. 2040, holding that the land was public dominion outside commerce and permanently enjoinedCase Digest (G.R. No. L-61311)
Facts:
- The Subject Property
- A strip of land measuring 12 by 77 meters along Mercado Street, adjacent to the San Fernando public market in Pampanga, commonly known as a talipapa.
- Petitioners operate vendor stalls there, claiming a right to remain by virtue of municipal authorizations; respondents characterize the constructions as illegal on public property.
- Chronology of Municipal Resolutions and Court Proceedings
- November 7, 1961 – Municipal Council of San Fernando adopts Resolution No. 218 authorizing 24 members of the Fernandino United Merchants and Traders Association to construct permanent stalls on the subject land.
- November 10, 1961 – Civil Case No. 2040 filed; Court of First Instance (CFI) issues preliminary injunction preventing stall construction until case resolution.
- January 18, 1964 – Municipal Council adopts Resolution No. 29 declaring the area as the parking place and public plaza, impliedly revoking Resolution No. 218.
- November 2, 1968 – CFI Branch 2 decision in Civil Case No. 2040 holds the land public in nature, beyond commerce of man; converts preliminary injunction into permanent injunction.
- 1971 – Despite the injunction, petitioners and others are assigned specific stall spaces and pay daily fees to the municipal government.
- Renewed Controversy Leading to Present Petition
- January 12, 1982 – Association of Concerned Citizens and Consumers files petition for immediate enforcement of Resolution No. 29 to restore the area as public plaza.
- June 14, 1982 – Officer-in-charge Vicente A. Macalino issues resolution directing demolition of stalls beginning July 1, 1982, after municipal attorney’s investigation.
- June 26, 1982 – Petitioners file a petition for prohibition in CFI Pampanga (Civil Case No. 6470) challenging the demolition order; denied July 19, 1982, and motion for reconsideration denied August 5, 1982.
- August 9, 1982 – This Court issues temporary restraining order to preserve status quo; petitioners thereafter elevate the case via certiorari before the Supreme Court.
Issues:
- Whether the subject area, declared a public plaza by municipal resolution and CFI decision, is beyond commerce of man and thus incapable of lease or private occupation.
- Whether Officer-in-Charge Macalino acted within his authority and due process in ordering the demolition of the stalls.
- Whether the petition for prohibition filed by the stallholders should have been granted by the CFI judge.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)