G.R. No. 97764 August 10, 1992.
LEVY D. MACASIANO, Brigadier General/PNP Superintendent, Metropolitan Traffic Command, petitioner, vs. HONORABLE ROBERTO C. DIOKNO, Presiding Judge, Branch 62, Regional Trial Court of Makati, Metro Manila, MUNICIPALITY OF PARAÑAQUE, METRO MANILA, PALANYAG KILUSANG BAYAN FOR SERVICE, respondents.

FACTS

The Municipality of Parañaque passed Ordinance No. 86, Series of 1990, authorizing the closure of several streets (J. Gabriel, G.G. Cruz, Bayanihan, Lt. Garcia Extension, and Opena Streets) in Baclaran to establish a flea market, pursuant to MMC Ordinance No. 2, Series of 1979. The Metropolitan Manila Authority approved the ordinance subject to conditions, including that the streets were not used for vehicular traffic and the majority of residents did not oppose it. The municipality then entered into an agreement with respondent Palanyag Kilusang Bayan for Service, a cooperative, to operate and manage the flea market. Petitioner Brigadier General Levy D. Macasiano, PNP Superintendent of the Metropolitan Traffic Command, ordered the destruction and confiscation of stalls and later issued a letter demanding the discontinuance of the flea market. Respondents filed a joint petition for prohibition and mandamus with damages and a prayer for a preliminary injunction. The Regional Trial Court issued a temporary restraining order and later granted the writ of preliminary injunction, upholding the ordinance’s validity and enjoining petitioner from enforcing his letter-order. Petitioner, through the Solicitor General, filed this petition for certiorari, alleging grave abuse of discretion.

ISSUE

Whether or not an ordinance or resolution issued by the municipal council of Parañaque authorizing the lease and use of public streets or thoroughfares as sites for flea markets is valid.

RULING

The Supreme Court GRANTED the petition, REVERSED and SET ASIDE the decision of the Regional Trial Court. The ordinance is invalid. Public streets are property for public use under Article 424 of the Civil Code and are outside the commerce of man; they cannot be leased or appropriated for private use while still devoted to public service. The authority of a local government unit to close roads under Section 10, Chapter II of the Local Government Code (Batas Pambansa Blg. 337) is limited. Closure must be for the purpose of withdrawing the road from public use because it is no longer necessary for public service, after which it becomes patrimonial property that can be used or conveyed. In this case, the streets were not withdrawn from public use but were instead leased for a flea market while still considered public roads, which is not allowed. The ordinance also violated the municipality’s duty to promote the general welfare, as the flea market caused traffic congestion, health hazards, and pollution. The conditions for approval by the Metropolitan Manila Authority were not complied with, as the streets were used for vehicular traffic and the majority of residents opposed the market.