Miranda v. Encarnacion
REITERATIONFacts
The Antecedents: In June 1953, respondents Ong Lian et al., fresh meat dealers operating outside public markets, filed a petition for a writ of mandamus to compel the City Mayor to issue licenses for their respective stores. They contended that Ordinance No. 3563, which prohibited the sale of fresh meat anywhere outside public markets, was null and void. They had been granted licenses in 1952, prior to the approval of Ordinance No. 3563. The City Fiscal opposed, invoking Ordinance No. 3555 (repealed by 3563), which prohibited the sale of fresh meat within 200 meters of any public market. Respondents also argued that Ordinance No. 3555 had no legal force. Procedural History: Believing that Ordinance No. 3563 was declared null and void in a separate case (Co Kiam v. City of Manila) and that Ordinance No. 3555 had ceased to operate, the respondent judge issued an order on June 18, 1953, requiring the city officers to renew the meat dealers' permits and licenses. Reconsideration was denied. Petitioners, stallholders and sellers within the Arrangue Market, filed a petition for certiorari to nullify the writ of preliminary mandatory injunction. This Court issued a preliminary injunction on December 7, 1953, to prevent the execution of the respondent judge's writ. The Petition: Petitioners sought the nullification of the writ of preliminary mandatory injunction issued by the respondent judge. Subsequently, they informed this Court that the respondent judge had decided the case on the merits in favor of Ong Lian et al. and ordered execution pending appeal. This Court, on February 9, 1954, set aside the order of execution and directed the respondent judge to desist from taking further steps towards execution until further orders.
Issue(s)
Whether Ordinance No. 3563 is valid and constitutional. Whether the respondent judge committed grave abuse of discretion in ordering the renewal of licenses for meat dealers operating outside public markets.
Ruling
The Supreme Court made permanent and absolute its resolution of February 9, 1954, which ordered the respondent judge to desist from taking any further steps leading to the execution of his decision. The respondents, except the judge, were ordered to pay the costs.
Ratio Decidendi
On the validity and constitutionality of Ordinance No. 3563: The Court noted that the validity and constitutionality of Ordinance No. 3563 had been upheld in a subsequent decision by Mrs. Justice Alex Reyes in the case of Co Kiam v. City of Manila (G.R. No. L-7094, decided February 28, 1955). This ruling declared Ordinance No. 3563 valid and constitutional. Consequently, the prohibition against selling fresh meat anywhere outside the public markets of the City, as stipulated in Ordinance No. 3563, must be enforced. The respondents Ong Lian et al. could not legally be granted licenses to sell fresh meat outside the designated public markets. On the respondent judge's order and the petition for certiorari: Given the definitive ruling on the validity of Ordinance No. 3563, the respondent judge's order compelling the renewal of licenses for meat dealers operating outside public markets was based on an erroneous premise. The judge's belief that Ordinance No. 3563 was null and void, and that Ordinance No. 3555 had ceased to operate, was contradicted by the subsequent Supreme Court decision. Therefore, the respondent judge's actions, in issuing the writ of preliminary mandatory injunction and subsequently ordering execution pending appeal, constituted a grave abuse of discretion. The petition for certiorari was granted to nullify these orders. The Court's resolution of February 9, 1954, which stayed execution, was thus made permanent and absolute to prevent further proceedings based on an invalid premise.
Main Doctrine
The Supreme Court affirmed the validity and constitutionality of Ordinance No. 3563, which prohibits the sale of fresh meat outside public markets, and made permanent its resolution enjoining the execution of a lower court's order that compelled the renewal of licenses for meat dealers operating outside these markets.