Wednesday, January 20, 2016

MANGUBAT VS VILLEGAS

G.R. No. L-28141               March 16, 1988

FACTS:
Valentina de la Paz authorized the herein respondent, Dominador Barredo, to occupy the said stall for her and even executed an affidavit in favor of Dominador Barredo, passing her right over said market stall to her grandson, Dominador Barredo. In the meantime, the Mayor's Office was asked to intervene in this case, and upon proper investigation, the Mayor decided that the herein petitioner could not qualify to occupy said stall because her daughter, unmarried, and living with petitioner, was already the registered holder of several market stalls in the same market. And under the provisions of Section 20 of the Market Code, the petitioner is disqualified to further apply for possession of another stall.

RULING: 
We agree with the court insofar as it denies the petitioner the right to succeed as stallholder following her mother's death. As found by the court, the petitioner was, at the time of the controversy, already a stallholder in the same market. She is, hence, disqualified from holding another stall whether by right of succession or pursuant to a bid. This is provided by Section 13 of the Market Code.

We however, reverse the court insofar as it sustains the private respondent's claim over the game stall. For clearly, the private respondent is not one of those granted the right to succeed a deceased stallholder.

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