Francisco U. Dacanay v. Mayor Macario Asistio, Jr.

Summary

Francisco Dacanay, a Caloocan City resident, filed mandamus against city officials to remove market stalls from Heroes del '96 Street and other public streets. Despite a 1987 RTC decision ruling that public streets cannot be leased to private vendors, the new city administration tolerated continued occupation by stallholders operating under MMC Ordinance No. 79-02. The Supreme Court En Banc granted the mandamus petition, reaffirming that public streets are property for public use under the Civil Code and cannot be the subject of lease or license agreements. The Court ordered immediate removal of all market stalls within 30 days, emphasizing that public interest must prevail over private commercial interests and that city officials have a legal duty to preserve streets for their intended public purpose.