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ASISTIO restore them to their specific public purpose, and thus ordered the City
GR No. 93654 | MAY 6, 1992 | FEVIDAL Mayor and City Engineer of Caloocan City or their successors in office to
Topic: ARTICLE 420 & 424 immediately enforce and implement the decision in Civil Case C-1292
declaring that Heroes del '96, V. Gozon, and Gonzales Streets are public
FACTS: streets for public use, and they are ordered to remove or demolish, or cause
1. On 5 January 1979, MMC Ordinance 79-02 was enacted by the Metropolitan to be removed or demolished, the market stalls occupying said city streets
Manila Commission, designating certain city and municipal streets, roads with utmost dispatch within 30 days from notice of the decision; the
and open spaces as sites for flea markets. Pursuant thereto, the Caloocan decision being immediately executory.
City mayor opened up 7 flea markets in that city. One of those streets was
the "Heroes del '96" where the Francisco Dacanay lives. A public street is property for public use hence outside the commerce of
man. Being outside the commerce of man, it may not be the subject of lease
2. Upon application of vendors Rodolfo Teope and others vendors, the city or another contract. The vested right of the public to use city streets for the
mayor and city engineer, issued them licenses to conduct vending activities purpose they were intended to serve such as for traveling. Any executive
on said street. In 1987, Antonio Martinez, as OIC city mayor of Caloocan City, order or city resolution cannot change the nature of the public street
caused the demolition of the market stalls on Heroes del '96, V. Gozon and because it is going to be contrary to the general law.
Gonzales streets.
The right of the public to use the city streets may not be bargained away
3. To stop Mayor Martinez' efforts to clear the city streets, Teope, Pastrana through contract. The interests of a few should not prevail over the good of
and other vendors filed an action for prohibition against the City of the greater number in the community whose health, peace, safety, good
Caloocan, the OIC City Mayor and the City Engineer and/or their deputies order and general welfare, the respondent city officials are under legal
before the RTC Caloocan City, praying the court to issue a writ of preliminary obligation to protect.
injunction ordering these city officials to discontinue the demolition of their
stalls during the pendency of the action

4. RTC dismissed the case on the ground that the streets in questions (Heroes
del '96, Gozon and Gonzales) are of public dominion, hence outside the
commerce of man.

5. The new City Mayor Macario Asistio did not pursue the policy of keeping the
city streets clean. Dacanay filed a petition for mandamus, praying that the
city officials be ordered to enforce the final decision in Civil Case C-12921
which upheld the city mayor's authority to order the demolition of market
stalls on V. Gozon, Gonzales and Heroes del '96 Streets and to enforce PD
772 and other pertinent laws.

WON public streets be leased or licensed to market stallholders by virtue of a city
ordinance or resolution of Metropolitan Manila Commission?


 No. The Supreme Court established that Dacanay and the general public
have a legal right to the relief demanded and that the city officials have the
corresponding duty, arising from public office, to clear the city streets and