Rodolfo Laygo and Willie Laygo vs Municipal Mayor of Solano Nueva Viscaya

G.R. No. 188488

Jan. 11, 2017

Facts:

Aniza Bandrang a sublessee in two market stalls of Rodolfo Laygo and Willie Laygo got evicted
therefore she complained to the Sanggunian and to Mayor Dickson the Municipal Mayor of
Solano about her illegal sublease with the Laygos. The Laygos leased the market stalls from the
municipal government. It is illegal according to Bandrang because of the resolution 183-2004
passed by the Sanggunian which prevents the sublease on Laygo's lease contract. The
Sanggunian referred the matter to Mayor Dickson stating that it already falls under his
jurisdiction by virtue of a resolution the Sanggunian had passed. Mayor Dickson failed to act on
Bandrang's complaint leading Bandrang to file a writ of mandamus against Mayor Dickson
which the RTC granted.

Issue:

Whether or not Mayor Dickson should act on the complaint of Bandrang based on the writ of
Mandamus and whether or not the agreement of the Laygos and the municipal government is a
lease contract.

Ruling:

No, the Supreme Court stated that Mandamus is not proper because the privilege of operating
a market stall is under the dicretionary power of the city government. Mandamus is applicable
when the act that is sought for is mandated by the law to be done by the person, corporation or
government agency. The Laygos agreement with the municipal government is a lease contract
making it fall under resolution 183-2004 therefore it cannot be subleased.