VILLANUEVA, ET. AL. VS CASTAÑEDA, JR., ET. AL.

VILLANUEVA, ET. AL. VS CASTAÑEDA, JR., ET. AL.
G.R. No. L-61311 September 2l, 1987 (damnun absque injuria)
Appeal from a decision of CFI Pampanga holding that the land in question, being public in nature, was beyond the commerce of man and therefore could not be the subject of private occupancy.
CRUZ, J.:

Facts: In the vicinity of the public market of San Fernando, Pampanga, there stands on a strip of land, a conglomeration of vendors stalls together. The petitioners claim they have a right to remain in and conduct business in this area by virtue of a previous authorization (Resolution no. 28) granted to them by the municipal government. The respondents deny this and justify the demolition of their stalls as illegal constructions on public property per municipal council Resolution G.R. No. 29, which declared the subject area as "the parking place and as the public plaza of the municipality, thereby impliedly revoking Resolution No. 218.

Issue: WON petitioners have the right to occupy the subject land.

Ruling: Petition Dismissed.
It is a well-settled doctrine that the town plaza cannot be used for the construction of market stalls, and that such structures constitute a nuisance subject to abatement according to law. The petitioners had no right in the first place to occupy the disputed premises and cannot insist in remaining there now on the strength of their alleged lease contracts. Even assuming a valid lease of the property in dispute, the resolution could have effectively terminated the agreement for it is settled that the police power cannot be surrendered or bargained away through the medium of a contract. Hence, the loss or damage caused to petitioners, in the case at bar, does not constitute a violation of a legal right or amount to a legal wrong - damnum absque injuria.
*DAN’Q