ESPIRITU VS. THE MUNICIPAL COUNCIL OF POZORRUBIO, PANGASINAN PANGASINAN [G.R. No. L-11014. Jana!" #1, 1$%&.' FACTS
This is an appeal from the Court of First Instance of Pangasinan of April 28, 1956, dismissi dismissing ng the petition for prohiitio prohiition n filed ! appellants, appellants, lifting lifting the preliminar! preliminar! in"unction in"unction against the appellees and ordering the remo#al of appellants$ stalls from the pulic pla%a of appellee municipalit!, &ithin ten da!s from notice' (hile the appeal is pending, the appellees appellees filed a )anifestat )anifestation ion after the oral argument argument held efore this Triunal, the appellants had #oluntaril! the pulic pla%a of Po%orruio ! transferring and remo#ing their uildings and merchandise to pri#ate lots fronting the pla%a' The municipalit! had alread! egun the construction of concrete fences in the premises that &as occupied ! the appellants efore &ithout an! compliant from them' The! argued that the present case has ecome moot and academic, and as*ing that the present appeal e dismissed' The court re+uired re+uired the appellants appellants to comment on the )anifestat )anifestation ion and the petition petition to dismissed ut the! failed to file the re+uired comment' For this reason, &e could &ell summaril! dismiss this appeal ! resolution' )ar*et uilding of the to&n of Po%orruio &as destro!ed during ((II and after the &ar the mar*et #endors egan constructing temporar! and ma*e shift stalls, e#en small residences, on a portion of the to&n pla%a' The )unicipal Treasurer collected from these stall o&ners fees at the rate of P'25 per s+uare meter a month' (hen the municipal mar*et &as alread! restored the #endors refused to transfer to the mar*et' Ci#ic organi%ations, desiring to con#ert said portion of the pla%a into a children$s par*, filed petitions to the )unicipalit! for the remo#al of the stalls &hich &as also used for residential purposes' Pro#incial -oard of Pangasinan also as*ed for the remo#al of the stalls ecause it is illegal' )unicipal Council of Po%orruio passed .esolution /o' 209, stating that the pulic mar*et had alread! een rehailitated, and ordering the occupants and o&ners of the structures on the pla%a to remo#e their uildings &ithin sit! da!s from receipt of the resolution' ight of the mar*et stall uilding o&ners led a petition for prohiition in the Court of First Instance of Pangasinan against the )unicipal Council, the )unicipal )a!or, and the Chief of Police of Po%orruio' Trial court issued a &rit of preliminar! in"unction' The trial court found that the fee of P'25 per s+uare meter collected ! the )unicipal Treasurer &as the mar*et stall fees charges on all mar*et #endors in a pulic mar*et' ISSUE( (hether or not to&n pla%a can e used for the construction of mar*et stalls and can it e leased3 RULING(
There &as asolutel! no contract or agreement et&een the appellants on one side and the municipalit! on the other, aout renting of the Pla%a to the former' There is asolutel! no
+uestion that the to&n pla%a cannot e used for the construction of mar*et stalls, speciall! of residences, and that such structures constitute a nuisance su"ect to aatement according to la&' To)n *+aa a! *!o*!/ o *2+3 o5non, /o 2 6o/ /o *2+3 an /o 2 5a a6a+a2+ /o /7 *2+3 n 8n!a+. T7" a! o/ /7 3o55!3 o 5an an 3anno/ 2 *o o o! 6n +a 2" /7 5n3*a+/" /o *!6a/ *a!/. In case of &ar or during an emergenc!, to&n pla%as ma! e occupied temporaril! ! pri#ate indi#iduals, as &as done and as &as tolerated ! the )unicipalit! of Po%orruio, &hen the emergenc! has ceased, said temporar! occupation or use must also cease' Appellants must ha#e reali%ed the asolute lac* of merit in their stand and the futilit! of their appeal ecause the! #oluntaril! remo#ed their uildings on the pla%a' In 6) o /7 o!8on8, /7 3on a**a+ !o5 7!2" a!5. 9/7 3o/ a8an/ a**++an/.
