Case Summary (G.R. No. L-30727)
Factual Background
Serapio S. Lumapas operates a transportation business under the name Romar Line, which operates buses between Ozamiz City and Pagadian, Zamboanga del Sur. Following the enactment of the ordinance on September 15, 1964, the City of Ozamiz collected parking fees from Lumapas for his buses for a period spanning from October 1964 to January 1967, totaling P1,259.00. Lumapas ultimately filed a complaint alleging that the ordinance was ultra vires and sought the return of the fees collected along with attorney’s fees.
Legal Proceedings
In Civil Case No. OZ-159 filed in 1968, the Respondent's complaint contended not only for the nullification of Ordinance No. 466 but also for the reimbursement of fees collected. The case was presided over by Judge Geronimo R. Marave, who ruled on March 18, 1969, declaring Ordinance No. 466 null and void, ordering the return of parking fees to Lumapas, and stressing the ordinance's violation of Republic Act No. 4136 (Land Transportation and Traffic Code) for not securing the requisite presidential approval.
Arguments of the Petitioner
The City of Ozamiz argued that the parking fee imposition constituted property rentals for parking spaces owned by the city, thereby justifying their collection under Section 2308(f) of the Revised Administrative Code and Section 15(y) of the charter of Ozamiz City, which purportedly grants the authority to regulate streets and impose fees. The City maintained that the ordinance was valid as a regulatory measure aimed at managing traffic and public safety, rather than a toll for road usage.
Arguments of the Respondent
In contrast, Lumapas maintained that Ozamiz City lacked the authority to impose parking fees on public streets, positioning Zulueta Street as a property meant for public use. He asserted that granting it the status of a municipal street disqualified any claims to patrimonial property treatment, contending that any fee imposed for parking constituted a toll that requires presidential approval under Section 59(b) of Republic Act No. 4136.
Legal Analysis by the Court
Upon reviewing the stipulation of facts, the court found that the fees collected were categorized as tolls for public road usage and emphasized that no presidential approval had been obtained for such an ordinance, thereby violating the provisions of the Land Transportation and Traffic Code. The court underscored the necessity of disti
...continue readingCase Syllabus (G.R. No. L-30727)
Background of the Case
- This case involves an appeal by certiorari from a decision dated March 18, 1969, rendered by Judge Geronimo R. Marave of the Court of First Instance of Misamis Occidental, Branch II.
- The decision declared Ordinance No. 466, series of 1964, of the Municipal Board of Ozamiz City, as null and void and ordered the City of Ozamiz to return the sum of P1,243.00 to the respondent Serapio S. Lumapas, representing parking fees collected.
- Serapio S. Lumapas operates a transportation service under the name Romar Line, with terminals in Ozamiz City and Pagadian, Zamboanga del Sur, authorized by a certificate of public convenience from the Public Service Commission.
Ordinance No. 466
- Enacted on September 15, 1964, and approved on October 7, 1964, the ordinance imposed parking fees for all motor vehicles parked in designated areas within Ozamiz City.
- The ordinance defined key terms:
- Motor Vehicles: All vehicles operated by engine, regardless of their purpose.
- Parking: Defined as stopping a vehicle for loading or unloading passengers or cargoes.
- It established a fee structure for various types of vehicles, with specific rates for passenger buses, cargo trucks, and others.
Collection of Fees and Legal Proceedings
- Following the ordinance's enactment, the City of Ozamiz began collecting parking fees from Lumapas, amounting to P1,259.00 from October 1964 to January 1967, for which receipts were issued.
- Lumapas filed a compl