DACANAY v. ASISTIO, JR.

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.

January 5, 1979 – Metropolitan Manila Commission enacted an ordinance allowing the use of streets for the purpose of flea markets subject to several conditions.

1987 – Mayor Martinez caused the demolition of the flea markets and the stallowners filed a case against such action.

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

After the decision came out, there was a change in the city administration and current mayor (Asistio) did not pursue the action of the previous mayor and left the flea markets in the streets as is.

Dacanay, being a resident of Heroes del '96 filed a petition for mandamus to remove the stalls in their street

ISSUE

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

HELD: NO

1. 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

2. The vested right of the public to use city streets for the purpose they were intended to serve such as for traveling

3. Any executive order or city resolution cannot change the nature of the public street because it is going to be contrary to the general law