Executive determinations streets, use of how to close same from public servitude

Title

Language

English

Source

I (10&11) October-November 1949

Year

1949

Subject

Streets – Bulan (Sorsogon)

Public spaces – Bulan (Sorsogon)

Marketplaces – Bulan (Sorsogon)

Public lands – Bulan (Sorsogon)

Servitudes

City Councils – Bulan (Sorsogon)

Rights

In Copyright - Educational Use Permitted

Abstract

The municipal council of Bulan, Sorsogon will pass and approve to close traffic to the streets along National Road and the Market in the belief that people are crowding the streets and that there is a dangerous precedent in the future. Public streets are held by the municipality in trust for the public and every individual, without distinction, is entitled to the lawful use thereof, subject to such restriction, only as may be necessary for the exercise by the municipality of its police powers.

Fulltext

in its Section 2615 providing for the maximum salary rates for the municL pal officials fails to provide for such rates for the officials of fifth class municipal:ities. The records of this Department show that the initial classification of Tubay as a fifth class municipality under Republic Act No.130 ha~ not yet been made. -~ ssuming, however, that Tubay is a fifth class municipality and in line with the administrative practice of computing the maximum amount allowable to be expended by 5th class municipalities for salaries and wages on the basis of that fixed for 4th class municipalities, .this Department will interpose no objection, to the municipal council thereof fixing the rnJarie'3 of its mayor and municipal secretary, and the provincial board fixing the salary of the municipal treasurer at the rates not exceeding- the limits fixed by Section 2615 of the Adrninistrati\"e Code for the official5 of 4th class municipalities, provided funds ther~for are available.-211fl Ind., Nov. 5, 1947, of Sec. of the Int. to Sec. of Finance. · . · NAMING OF 1 FUBLIC PROJECTS, POLICY ON.-I wish to inform you that, l'.s a matter af policy, the Pre.~ident does not fr.vor the n~ming of public projects after living persons.From letter dnted July IO, 1947, of As. ~·ista.nt Sec. to the President, to the llf1111icip<1l Council of Lucena, lloilo. EXECUTIVE DETER:WIN A TIO NS STREETS, USE OF'; HOW' TO CLOSE s_urn FRO:\I PUBLIC SERVITUDE-"The reasons given are stated in the following whereases of the doresaid council's resolution No. 18, quoted ipsissimis verbis, to wit: "WJIEREAS, the municipal council of Bulan, Sorsogon, is fully convinced that numerous people are crowding along the streets from National Road . . . to the Market . . . , and WHEREAS, to be aware from any dangerous precedent in the future it is demmed wise by this council to pass and approve, as it is hereby approved, to close TRA!F'FIC to the streets mentioned above.' OCTOBER-NOVEMBER, 1949 "In our opinion these reasons are vague and not sufficient to justify the prohibi:tion of traffic in said sector. lt should be borne in mind that public streets are held by the municipality in trust for 1he general public and every individual, without distinction, is entL tied to the lawful use thereof, subject to such restriction, only as may be nece'sary for the exercise by the municipality of its police powers. "As affirmed in a Lousiana case more than a cerntury ago the use d streets belongs to the public; the u<:e of them belongs to the whole world'; and the public right goes to the full width of the street and extends indefinitely upward and downward: Therefore, the municipal authorities are obligated to prevent obstl'uc_ tion of them which preclude or hamper the public use. In the control of streets and puhlic highways the municipality is a trustee for the entire public, and as trustee it should permit nothing to be done that will in. terfere with ,the condition of the streets or their free use bv all alike." (Section 981, V'ol. III, - McQuillin, Mun. Corp., 2nd Rev. Ed.) 'In this connection, we received a protest from Mr. x x x against the closing of the streets in question to traffic, wherein it is stated that the said streets :ire being used for market purposes . If this is .true, attention is drawn to the fact that streets cannot be used for market purposes. On this point, the fo)lowing observations are illuminating: "But power to a municipal corpora. tion to establish markets and build market-houses will no1t give the authority to build them on a public street. Such erecit:ions are nuisances, though made by the corporation, because the. street, and the entire street, is for the use of the whole people. They are nuisances when built upon the streets, although sufficient space be left for the passage of vehicles and person:s. Such erections may, it seems, be legalized by an ex.µress act of the legislature. But unless so legaHzed, a nuirnnce erected and maPage 507 ir.fained bY a public corporation may be proceeded against, crminally or otherwhe, the same as if erected by priva·te persons. (Sec. 702, Vol. II, Dillon, Mun. Corp., 5th Ed.) "A public market is not a proper use of a street, and a municipality has r.o power to authorize a certain part of a street to be used as a markc't place, as against the ol;jec'ion of abutting owri.ers or where travel is thereby obstructed, nor to build, or authorize the building, of market house in a street." (Sec. 1463, Vol. IV, McQuillin, Mun. Corp., 2nd Rev. Ed.) "It will be seen from the foregoing authorities that streets cannot be used for market purposes. "On the other hand: if it is the real intention of the Municipal Council of Bulan to close the streets in question from public servitude under the provisions of Section 2246 of the Admmi:;trative Code, this law should be com[Dlied with and the resolution to be adopted on the subject should l:e accomDanied with the data called for in Section 161 of the Compilation of ProvinC'ial Circulars of the former Executive Eunau, namely: '(a) The written recommendation by the district engineer; · '(b) Duly certified copies of instruments executed by the owr.ers of property adjacwts to the raod, street, alley ,park or square in question, and affected by the closing thl!reof, waiving all claims for damaies to their prooerty which might arise from such closirg. These waivers may be secured either with or wi.t bout money consideration; and '(c) A statement of the provincial fiscal as to the sufficiency of the certificates submitted urder the preceding paragraoh. "A rouzh sketch has been handed to us, showirg that the streets in question adjoin the municipal building. If this is the case, atten~ion is drawn to the existing re· quirement of this Deoartment that a J'Y1arket site should be out of view from the municipal administration bui1rling." - Letter dated March 13, Pag-e 508 1948, of Sec. of the Interior to the Pror. Boco·d of Sorsogon. ASSESSMENT OF REAL PRO· PERTY - C. 1A. 470 NOT A:F'PLICABLE TO CITIES; ASSESSOR MAY DETERMINE OWNERSHIP OF REAL PRO,PERTY.-"Our investigation has disclosed that Tax Declaration No. 19043 in the name of your father, xx x. was cancelled by the respondent and in its stead Tax Declaration No. 23436 i11 the name of Leon Castillo was issued, because the records of the Register of Deeds of the City of San 'Fablo show that the . property covered by the tax declaration in the name of your father belongs to Dr. Leon Castillo as per Transfer Certificate of Title RT-39 (No. 9300), Office of the Register of Deeds for the Province of Laguna. Your claim, ·that Tax Declaration No. 19043 should be reinstated even with notation that it is duplicated with Tax Declaration No. 23436, can not be upheld by this Department, tecame Commonwealth Act No. 470, which provides that a tax declaration should not be cancelled if the declarant objects thereto, is not applicable 1to the City of San Pablo. The asses~ments of real proper. ty in that city are governed by its charter (Commonwealth Act No. 520,) and Section 29 'thereof provides as follows: 'x x x He shall make the list of the taxable real estate in 1he city, arranging in the order of the lot and block numbers the names of the ownoers therof, with a brief description of the property opposite each such names and the cash value thereof. In making this list, the ci1y assessor shall take into consideration any sworn statement made bv the owners of the property, lmt shall not be prevented thereby from coneiderin,q other e'i·idence on. the subject and e.rercisin,q his 01nn jwlQmrnt in respect thereto. For the purnose of comoleting- ~his list, he and his representatives may enter upon the real estate for the nurpose of examining anid measuring it and may summon witnesses, 3dminister oaths to them and subi~ct thPJ'Y1 to Pxaminatior. concernin~· the THE LOCAL GOVER'.\!MENT REVIEW

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