GR L 2652; (December, 1949) (Digest)
G.R. No. L-2652, December 7, 1949
JULIA LORENZO and MARIANO ESTRELLA, plaintiffs-appellants, vs. THE MUNICIPAL COUNCIL OF NAIC, CAVITE and PILAR DINIO, defendants-appellees.
FACTS
The Municipal Council of Naic, Cavite passed Resolution No. 20 to re-zone and reorder the municipal market. Prior to this, plaintiff Julia Lorenzo occupied a corner stall. Under the new plan, her stall (Lot No. 4) was no longer a corner location, allegedly reducing her sales. The Council awarded a desirable corner stall (Lot No. 2) to R. Manalaysay, whose previous stall was removed. Manalaysay later privately exchanged this Lot No. 2 with Pilar Dinio for her Lot No. 1. Lorenzo protested the award and exchange, arguing the stall should have been awarded through public bidding. The Council overruled her protest. Lorenzo sued, claiming the Council’s actions were illegal and unconstitutional.
ISSUE
Whether the Municipal Council was required by law to award individual market stalls through public bidding.
RULING
No. The Supreme Court affirmed the dismissal of the complaint. Section 2319 of the Revised Administrative Code, which requires public bidding, applies only to the leasing of an entire municipal ferry, market, or slaughterhouse to a private operator. It does not apply to the distribution of individual stalls or spaces within a market administered by the municipality itself. Under its regulatory authority (Section 2242[q]), the Municipal Council has the discretion to assign stalls to vendors without public bidding. The Court found no legal or equitable ground to invalidate the Council’s award of Lot No. 2 to Manalaysay or the subsequent private exchange with Dinio. A stallholder acquires no vested right to a permanent corner location, and the rearrangement was a valid exercise of municipal power.
AI Generated by Armztrong.