Villanueva v Castaeda

G.R No. L-61311

21 September, 1987

Legal Maxim: Damnum Absque Injuria or loss without injury

Facts: In the vicinity of a strip of land near a public market in San Fernando Pampanga,

stands a conglomeration of vendors also known as Talipapa. The vendors clearly expressed

that they have a right to remain in and conduct business in this area by virtue of a previous

authorizations (Resolution no. 218) granted to them by the municipal government. A new

resolution (Resolution G.R no. 29) was issues stating that said land will now be used as a

parking space and a public plaza. Petitioner now claims that they have a right to conduct

business in the area by virtue of the Resolution no. 218. Respondents deny and justify that

the petitioners stall as illegal construction on public property.

Issue: Whether or not petitioners have the right to occupy the subject land

Held: No. Petition is 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.