Javellana v. Kintanar
REITERATIONFacts
1. The Antecedents: Glicerio Javellana owned and operated a market in Bago City, leasing stalls to vendors and serving the general public for over twenty years. In the second quarter of 1968, the City Treasurer refused to accept Javellana's payment for a municipal license, citing the enactment of Ordinance No. 150, which prohibited the establishment, maintenance, or operation of any public market within the city by entities other than the city government itself. This action prompted Javellana to challenge the validity of this and related ordinances. 2. Procedural History: Javellana initiated legal proceedings by filing a petition seeking a declaration of nullity for Bago City Ordinances Nos. 142, 145, and 150 (Series of 1968), and an injunction against their enforcement. Juanito Novillas and other stall owners and vendors within Javellana's market intervened in the case, joining the petition. The Court of First Instance of Negros Occidental dismissed Javellana's petition and the complaint in intervention in a decision dated January 12, 1971. These appeals are the result of that dismissal. 3. The Petition: The appeals, docketed as G.R. Nos. L-33169 and L-33212, challenge the validity and applicability of Bago City Ordinances Nos. 142, 145, and 150 (Series of 1968). The appellants contend that these ordinances are unreasonable and that the City of Bago lacks the authority to enact them. Specifically, they argue that Javellana's market is a private market and thus not subject to Ordinance No. 150, which prohibits the operation of public markets by entities other than the city government. The core of the appeal hinges on the definition and application of the term "public market" to Javellana's privately owned facility that serves the general public.
Issue(s)
Whether Ordinances Nos. 142, 145, and 150 of Bago City are valid and constitutional; and whether Javellana's market is a "public market" within the meaning of Ordinance No. 150 and the City Charter.
Ruling
The appeals are dismissed for lack of merit. The ordinances are valid and applicable to Javellana's market.
Ratio Decidendi
On the validity of Ordinances Nos. 142, 145, and 150 and the definition of "public market": The Court held that Ordinances Nos. 142 and 145 are manifestly valid, being regulatory/revenue and promotive of general welfare respectively, authorized under Section 15 of Republic Act No. 4382. Ordinance No. 150 was enacted pursuant to Section 15(cc) of the City Charter, empowering the Municipal Board to prohibit public markets by entities other than the city. The test of a "public market" is its dedication to the service of the general public, not its ownership, as established in Vda. de Salgado vs. De la Fuente. Javellana's market, servicing the public in Bago City and adjoining municipalities, leasing stalls to the public, and serving approximately 3,000 people, is indubitably public. Therefore, it fell within the scope of Ordinance No. 150, and the trial court did not err in dismissing the petition and complaint in intervention.
Main Doctrine
A market is considered 'public' if it is dedicated to the service of the general public and operated under government control and supervision as a public utility, regardless of whether it is owned by the government or by a private individual. The test is its dedication to public service, not its ownership.