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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