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DACANAY JR. V. ASISTIO JR. 208 SCRA 404
DACANAY JR. V. ASISTIO JR.
208 SCRA 404
An ordinance was issued designated certain city and municipal streets, roads, and other public areas for sites of public markets. Pursuant to this, licenses were issued to market stall owners to put up their stalls in certain streets. Thereafter, the OIC mayor of Caloocan has caused the demolition of the stalls, which was upheld by the trial court, saying that the public streets are part of the public dominion and is not open to the commerce of man. Then there come about a change in administration of the city. The
next mayor did not continue the demolition of the stalls. Using the trial court’s decision, here now comes petitioner asking for the demolition of the stalls.
There is no doubt that the disputed areas from which the private respondent’s market stalls are sought to be evicted are public streets. 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 or other contract.
The right of the public to use the city streets may not be bargained away through contract. The interests of the few should not prevail over the good of the greater number in the community.