City of Manila vs IAC

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Atty Sr. Simpson: According to a popular saying “nothing is forever”. A person’s death is a fact of life and a truth that we all have to live with and one way to cope with such sadness is by visiting them in them in their graves.

Atty Jr. Simpson: Tonight we will look into the operations and functions of a public cemetery, whether they are a governmental, or a corporate or proprietary function of the City of Manila. The resolution of this issue is essential to the determination of the liability for damages of the petitioner city.

Atty Sr: Under the LGC, a municipal corporation is endowed with governmental and corporate functions. However can an ordinance of the City of Manila expressly stating that the operations of North Cemetery are exclusively devoted for public use or purpose, conclusive to its nature? Can the Revised Charter of Manila exempt the city from liability for damages or injuries to persons or property arising from the failure of the Mayor, the Municipal Board, or any other city officer, to enforce the provision of its charter or any other laws, or ordinance, or from negligence of said Mayor, Municipal Board or any other officers while enforcing or attempting to enforce said provisions?

Atty Jr: To ordinary people a cemetery is a place where they can visit their deceased loved ones but for its operators it can be a business venture and such transactions is subject to the law on ordinary contracts. Is it really true that nothing is forever?

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Wife: Omg. I’m so excited to visit Vivencio. It has been a long time since I visited his place and today is special since it’s the All saints day. I want to tell him that Jun2 has now become a doctor. Maria is now a lawyer and Bruno is now a famous hairdresser.

(confused.. cannot find the grave)

Enter Janitor

Wife: Excuse me. May I know whose in charge here?

Janitor: Oh, that’s me Mam. I’m the manager, the lot director, the janitor and the landscape artist of this place. How may I help you?

Wife: Ok. May I know where my husband is?

Janitor: Why are you asking me? Am I a missing person’s directory?

Wife: (Aggravated) No! He is already dead! He is a buried here!

Janitor: AHHH! That! The mayor had issued an Administrative Order No. 5, last March 6, 1975 to remove the remains of your husband on subject Lot No. 159. It is said here in the order that such lot was leased to the family for 5 years only. We only followed the order in good faith. We had no choice but to remove the bones out and put them in the bodega but we haven’t labelled the sacks so you need to take the remains that you can recognize. You may take it home if you wish to.

Wife: Huwaattt?? I cant accept this! We have a lease on that lot for 50 not 5 years! I cant accept this! The City of Manila has entered into a contract of lease with me which involves the exercise of proprietary functions. That means I can sue you, the city, its officers and you former in charge of this place for any-violation of the contract of lease because its my vested right. (beast mode on)

Cut!

Atty Sr: Private respondents' contention is well-taken. Under Philippine laws, the City of Manila is a political body corporate and as such endowed with the faculties of municipal corporations to be exercised by and through its city government in conformity with law, and in its proper corporate name.

Atty Jr: In connection with the powers of a municipal corporation, it may acquire property in its public or governmental capacity, and private or proprietary capacity. The New Civil Code divides such properties into property for public use and patrimonial properties, and further enumerates the properties for public use as provincial roads, city streets, municipal streets, the squares, fountains, public waters, promenades, and public works for public service paid for by said provisions, cities or municipalities, all other property is patrimonial without prejudice to the provisions of special laws.

Atty Sr: Under the foregoing considerations and in the absence of a special law, the North Cemetery is a patrimonial property of the City of Manila. With the acts of dominion, there is, therefore no doubt that the North Cemetery is within the class of property which the City of Manila owns in its proprietary or private character.

Atty Jr: Furthermore, there is no dispute that the burial lot was leased in favor of the private respondents that gives rise to the contractual obligations of the parties with the force of law. Under the doctrine of respondent superior, the City of Manila is liable for the tortious act committed by its agents who failed to verify and check the duration of the contract of lease. Alas there is forever but only until the expiration of the lease.

Atty Sr: The court recognizes the harrowing experience of private respondents and their wounded feelings upon discovery that the remains of their loved one were exhumed without their knowledge and consent. Therefore requires the defendants to look in earnest for the bones and skull of the late Vivencio Sto. Domingo Sr. and to bury the same in the substitute lot adjudged in favor of plaintiffs hereunder.

Atty SR and JR: Again this is Atty Sr: Simpson and I’m Atty Jr Simpson. Reminding you always that “if your on the right, we have to fight for that right!”

Dacanay vs Asistio

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Atty Sr. Simpson: The “Road Not Taken” is a poem by Robert Frost that is guides lost teenagers and adults alike on what path to take in life which is the road less travelled by. Although such concept cannot be more opposite to the state of the roads in the Philippines. More often than not our roads serve multiple purposes, it can be used as a race track, a stage, a concert hall, a market place etc.

In that case, may public streets or thoroughfares be leased or licensed to market stallholders by virtue of a city ordinance or resolution of the Metro Manila Commission?

Atty Jr. Simpson: Although some people might benefit from such business on the streets we cannot avoid that there will be people who are inconvenienced by such activities. Tonight, this case looks into an aggrieved Caloocan City resident who filed a special civil action of mandamus against the incumbent city mayor and city engineer, to compel these city officials to remove the market stalls from certain city streets which the aforementioned city officials have designated as flea markets, and the stallholders to vacate the streets. Does he have the right to do so?

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Scene: People everywhere selling and shouting their products for advertising.

Dacanay: Its so noisy! Its so dirty! Its so crowded! All of you get out of this place! This is a road where people has to walk, run and play not a market place. Y’all doesn’t have right to stay and sell in this road!

Vendor: Excuse me. We have a right oi! Look here, these are the licenses issued to us by the city mayor and city engineer allowing us to conduct vending activities on this street.

Dacanay: You gotta be kidding me! The City cannot lease these streets since this is a public property entitled for public use.

Vendor 2: That’s right we are using this since we are the public!

Dacanay: I don’t want to talk to you anymore. Ill make sumbong to the Mayor!

Exit Dacanay

Scene 2

Vendor 1 and Vendor 2 (making chismis)

V1: Oh no that Dacanay has made sumbong to the Mayor and has ordered the demolition of our stalls and this flee market.

V2: Don’t worry, don’t worry child. Ill file an action for an action for prohibition against the City praying the court to issue a writ of preliminary injunction ordering these city officials to discontinue the demolition of their stalls during the pendency of the action.

Exit V1 and V2

Scene 3:

Dacanay: hahaha.. The action filed by those chismosa and dirty stall owners was dismissed. I can finally have these messy market cleared out from my front yard and breath fresh air again.

Enter Mayor Asistio: Thank you everyone for voting me last election! Rest assured that ill make good on my promise coz I believe promises are not meant to be broken. All of you market goers and stall owner can sleep easy tonight since I will not pursue the action of the previous administration and leave this beautiful market and beautiful people as it is.

(crowd cheers! Mabuhay si Mayor Asistio!)

Dacanay: (go to center.. emote mode) You can take away my house, all my tricks and toys, but one thing you can't take away – Is my right to live peacefully in Heroes street! All of you will repent this! Ill make 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.

Cut!

Atty Sr: The high court finds petition for mandamus is meritorious. There is no doubt that the disputed areas from which the private respondents' market stalls are sought to be evicted are public streets

Atty Jr: 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. It is the vested right of the public to use city streets for the purpose they were intended to serve such as for traveling

Atty Sr: Futhermore, 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. Dacanay can now live peacefully in his street that will once again be a road less travelled by since the market is out of the picture.

Atty SR and JR: Again this is Atty Sr: Simpson and I’m Atty Jr Simpson. Reminding you always that “if your on the right, we have to fight for that right!”