Levy D. Macasiano v. Honorable Roberto C. Diokno

Summary

This Supreme Court En Banc decision invalidated a municipal ordinance authorizing the closure of public streets in Baclaran, Parañaque for flea market operations. The Municipality of Parañaque passed Ordinance No. 86 in 1990, allowing closure of five streets and entering into an agreement with Palanyag cooperative for market management. When PNP Metropolitan Traffic Command Superintendent Macasiano ordered dismantling of market stalls, the municipality and cooperative obtained a preliminary injunction from the Regional Trial Court. The Supreme Court reversed, holding that public streets are properties for public use under absolute Congressional control per Civil Code provisions. Local governments cannot lease or convert public streets to other uses without specific legislative authority. The Local Government Code's road closure provision only applies when withdrawing property from public use entirely, not converting it to another public purpose. The ordinance violated established property law principles and prejudiced public welfare by causing traffic congestion and hindering emergency services. The decision reaffirmed the principle that public streets cannot be subject to private appropriation or lease agreements.