Facts
Respondent
Macalino, OIC of the Office of Mayor of San Fernando issued a resolution
requiring the demolition of stalls constructed on what the respondent claims to
be a public land which is now proliferated with the vendors’ stalls called
“talipapa.” The petitioners contend that by virtue of the contract of lease
issued to them by the previous municipal council they have the right to stay
and do business at the place in issue. Thus, the petitioners filed a petition
for prohibition with the Court of First Instance contending that they are
protected by the lease contract. Their petition was denied hence this action to
the Supreme Court was filed for certiorari.
Issue
Whether
or not the land in issue is a public land?
Whether
or not the respondent’s act to order the demolition of the stalls amount to
grave abuse of discretion and whimsical?
