Leonardo
Navarro vs. Luis L. Lardizabal, et. al., G.R. No. L 25361, September 28, 1968
Subject: Obligations and Contracts
FACTS
Juanita
Cachero, lawful holder of a stall in the public market in Baguio City allowed
Leonardo Navarro to occupy the same for more than six months. Navarro then
formally applied for the award of the stall to him. The City Market Committee
postponed indefinitely the awarding of the stall upon the protest of a certain
D.B. Baton. Navarro sued for prohibition.
ISSUE
Whether or not
the case will prosper.
RULING
No.
Under the law
(Art 1347, NCC), all things which are not outside the commerce of men,
including future things, may be the object of a contract. All rights which are
not intransmissible may also be the object of contracts.
In this case, the plaintiff basically seeks to
determine his right to occupy the stall No. 87 of the City Market. The remedy
is improper since its only function is to prevent a usurpation of jurisdiction
and to restrain the doing of some act about to be done. The petitioner must
clearly show that he has a legal right to the subject of the action without
which he shall fail. What he has is only an application, pending approval. The
right to lease and occupy a stall in a public market is not a common right, but
a purely statutory privilege, governed by laws and ordinances. The occupancy of
the stall cannot be the subject of a valid contract as between the authorized
stallholders and his transferee, unless the agreement is approved by the city
authorities concerned.
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