[100] Dacanay vs. Asistio, Jr.

G.R. # 93654 | May 6, 1992

Doctrine
The nature of public premises is that:
1. They cannot be alienated or leased or otherwise be the subject matter of contracts.
2. They cannot be acquired by prescription against the state. Even municipalities can not acquire them
for use as communal lands against the state
3. They are not subject to attachment and execution. They cannot be burdened by any voluntary
easement.
Recit-Ready
A petition for mandamus to the non-action of the city government of Caloocan in accordance with the
decision of the RTC to evict the occupants of a flea market located in the streets of Caloocan. [See
Doctrine for Decision]
Facts
 This is a petition for mandamus to the non-action of the city government of Caloocan in accordance
with the decision of the RTC to evict the occupants of a flea market located in the streets of
Caloocan.
 Metropolitan Manila Commission enacted an ordinance allowing the use of streets for the purpose of
flea markets subject to several conditions.
 Mayor Martinez caused the demolition of the flea markets and the stallowners filed a case against
such action.
Issue
Whether or not public streets can be leased or licensed to market stallholders by virtue of a city ordinance
or resolution of Metropolitan Manila Commission. No.

Decision
Considering the nature of the subject premises, the following jurisprudence co/principles are applicable
on the matter:
4. They cannot be alienated or leased or otherwise be the subject matter of contracts. (Municipality of
Cavite vs. Rojas, 30 Phil. 602);
5. They cannot be acquired by prescription against the state (Insular Government vs. Aldecoa, 19 Phil.
505). Even municipalities can not acquire them for use as communal lands against the state (City of
Manila vs. Insular Government, 10 Phil. 327);
6. They are not subject to attachment and execution (Tan Toco vs. Municipal Council of Iloilo, 49 Phil.
52);
7. They cannot be burdened by any voluntary easement (2-II Colin & Capitant 520) (Tolentino, Civil
Code of the Phils., Vol. II, 1983 Ed. pp. 29-30).
Properties for public use may not be leased to private individuals. Such a lease is null and void for the
reason that a municipal council cannot withdraw part of the plaza from public use. If possession has
already been given, the lessee must restore possession by vacating it and the municipality must thereupon
restore to him any sums it may have collected as rent.