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City of Manila vs IAC

Scene 1
Play 1st half of the video.
Atty Sr. Simpson: According to a popular saying nothing is forever. A persons
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?
Scene 2
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Wife: Omg. Im so excited to visit Vivencio. It has been a long time since I visited his
place and today is special since its 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, thats me Mam. Im 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 persons 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 havent 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 Im Atty Jr Simpson. Reminding
you always that if your on the right, we have to fight for that right!

Dacanay vs Asistio
Scene 1
Play 1st half of the video.
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?
Scene 2
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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. Yall
doesnt 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: Thats right we are using this since we are the public!
Dacanay: I dont 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: Dont worry, dont 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 Im Atty Jr Simpson. Reminding
you always that if your on the right, we have to fight for that right!