G.R. No.

93654 May 6, 1992

FRANCISCO U. DACANAY, petitioner,

vs.
MAYOR MACARIO ASISTIO, JR., CITY ENGR. LUCIANO SARNE, JR. of Kalookan City, Metro
Manila, MILA PASTRANA AND/OR RODOLFO TEOFE, STALLHOLDERS AND REPRESENTING
CO-STALLHOLDERS, respondents.

Facts:

 Petitioner Francisco U. Dacanay sought to compel city officials, Mayor Macario Asistio,
Jr. and City Engineer Luciano Sarne, Jr., to remove illegal market stalls from public
streets in Caloocan City.
 The petitioner argued that the city officials were leasing portions of the public streets to
market stallholders, which was contrary to the law.
 The trial court found that the disputed areas were public streets and therefore outside the
commerce of man.
 The court ruled that the leases or licenses given to the stallholders were null and void.
 The court also held that the Executive Order issued by Acting Mayor Robles, authorizing
the use of a public street as a vending area, contravened the general law that reserves city
streets for public use.
 The court ordered the city officials to clear the streets and restore them to their public
purpose.
 The court emphasized that the public's right to use the city streets should not be bargained
away through contracts.
 The court noted that the city officials had ample time to find alternative sites for the flea
markets.
Issue:
Whether the city officials' leasing of portions of public streets to market stallholders is contrary
to the law.
Ruling:
The leases or licenses given to the stallholders are null and void.
The Executive Order authorizing the use of a public street as a vending area is invalid.
The city officials are ordered to clear the streets and restore them to their public purpose.
Ratio:
The court found that the disputed areas were public streets and therefore outside the commerce
of man. As such, the city officials had no authority to lease or license these areas to market
stallholders.
The court held that the leases or licenses given to the stallholders were null and void because
they were contrary to the law.
The court also ruled that the Executive Order issued by Acting Mayor Robles, authorizing the
use of a public street as a vending area, contravened the general law that reserves city streets for
public use. The court emphasized that the public's right to use the city streets should not be
bargained away through contracts.
The court ordered the city officials to clear the streets and restore them to their public purpose, as
it is in the greater good of the community. The court noted that the city officials had ample time
to find alternative sites for the flea markets, indicating that there were other options available that
would not infringe on the public's right to use the streets.