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Case study bagatsing

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G.R. No. L-41631 December 17, 1976
HON. RAMON D. BAGATSING, as Mayor of the City of Manila; ROMAN G.
GARGANTIEL, as Secretary to the Mayor; THE MARKET ADMINISTRATOR; and THE
MUNICIPAL BOARD OF MANILA, petitioners,
vs.
HON. PEDRO A. RAMIREZ, in his capacity as Presiding Judge of the Court of First
Instance of Manila, Branch XXX and the FEDERATION OF MANILA MARKET
VENDORS, INC., respondents.
Santiago F. Alidio and Restituto R. Villanueva for petitioners.
Antonio H. Abad, Jr. for private respondent.
Federico A. Blay for petitioner for intervention.
MARTIN, J.:
The chief question to be decided in this case is what law shall govern the publication of a
tax ordinance enacted by the Municipal Board of Manila, the Revised City Charter (R.A.
409, as amended), which requires publication of the ordinance before its enactment and
after its approval, or the Local Tax Code (P.D. No. 231), which only demands publication
after approval.
On June 12, 1974, the Municipal Board of Manila enacted Ordinance No. 7522, "AN
ORDINANCE REGULATING THE OPERATION OF PUBLIC MARKETS AND
PRESCRIBING FEES FOR THE RENTALS OF STALLS AND PROVIDING PENALTIES
FOR VIOLATION THEREOF AND FOR OTHER PURPOSES." The petitioner City Mayor,
Ramon D. Bagatsing, approved the ordinance on June 15, 1974.
On February 17, 1975, respondent Federation of Manila Market Vendors, Inc. commenced
Civil Case 96787 before the Court of First Instance of Manila presided over by respondent
Judge, seeking the declaration of nullity of Ordinance No. 7522 for the reason that (a) the
publication requirement under the Revised Charter of the City of Manila has not been
complied with; (b) the Market Committee was not given any participation in the enactment of
the ordinance, as envisioned by Republic Act 6039; (c) Section 3 (e) of the Anti-Graft and
Corrupt Practices Act has been violated; and (d) the ordinance would violate Presidential
Decree No. 7 of September 30, 1972 prescribing the collection of fees and charges on
livestock and animal products.
Resolving the accompanying prayer for the issuance of a writ of preliminary injunction,
respondent Judge issued an order on March 11, 1975, denying the plea for failure of the
respondent Federation of Manila Market Vendors, Inc. to exhaust the administrative
remedies outlined in the Local Tax Code.

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After due hearing on the merits, respondent Judge rendered its decision on August 29,
1975, declaring the nullity of Ordinance No. 7522 of the City of Manila on the primary
ground of non-compliance with the requirement of publication under the Revised City
Charter. Respondent Judge ruled:
There is, therefore, no question that the ordinance in question was not
published at all in two daily newspapers of general circulation in the City of
Manila before its enactment. Neither was it published in the same manner
after approval, although it was posted in the legislative hall and in all city
public markets and city public libraries. There being no compliance with the
mandatory requirement of publication before and after approval, the
ordinance in question is invalid and, therefore, null and void.
Petitioners moved for reconsideration of the adverse decision, stressing that (a) only a post-
publication is required by the Local Tax Code; and (b) private respondent failed to exhaust
all administrative remedies before instituting an action in court.
On September 26, 1975, respondent Judge denied the motion.
Forthwith, petitioners brought the matter to Us through the present petition for review on
certiorari.
We find the petition impressed with merits.
1. The nexus of the present controversy is the apparent conflict between the Revised
Charter of the City of Manila and the Local Tax Code on the manner of publishing a tax
ordinance enacted by the Municipal Board of Manila. For, while Section 17 of the Revised
Charter provides:
Each proposed ordinance shall be published in two daily newspapers of
general circulation in the city, and shall not be discussed or enacted by the
Board until after the third day following such publication. * * * Each approved
ordinance * * * shall be published in two daily newspapers of general
circulation in the city, within ten days after its approval; and shall take effect
and be in force on and after the twentieth day following its publication, if no
date is fixed in the ordinance.
Section 43 of the Local Tax Code directs:
Within ten days after their approval, certified true copies of all provincial, city,
municipal and barrioordinances levying or imposing taxes, fees or other
charges shall be published for three consecutive days in a newspaper or
publication widely circulated within the jurisdiction of the local government, or
posted in the local legislative hall or premises and in two other conspicuous
places within the territorial jurisdiction of the local government. In either case,
copies of all provincial, city, municipal and barrio ordinances shall be
furnished the treasurers of the respective component and mother units of a
local government for dissemination.

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G.R. No. L-41631 December 17, 1976 HON. RAMON D. BAGATSING, as Mayor of the City of Manila; ROMAN G. GARGANTIEL, as Secretary to the Mayor; THE MARKET ADMINISTRATOR; and THE MUNICIPAL BOARD OF MANILA, petitioners,  vs. HON. PEDRO A. RAMIREZ, in his capacity as Presiding Judge of the Court of First Instance of Manila, Branch XXX and the FEDERATION OF MANILA MARKET VENDORS, INC., respondents. Santiago F. Alidio and Restituto R. Villanueva for petitioners. Antonio H. Abad, Jr. for private respondent. Federico A. Blay for petitioner for intervention.   MARTIN, J.: The chief question to be decided in this case is what law shall govern the publication of a tax ordinance enacted by the Municipal Board of Manila, the Revised City Charter (R.A. 409, as amended), which requires publication of the ordinance before its enactment and after its approval, or the Local Tax Code (P.D. No. 231), which only demands publication after approval. On June 12, 1974, the Municipal Board of Manila enacted Ordinance No. 7522, "AN ORDINANCE REGULATING THE OPERATION OF PUBLIC MARKETS AND PRESCRIBING FEES FOR THE RENTALS OF STALLS AND PROVIDING PENALTIES FOR VIOLATION THEREOF AND FOR OTHER PURPOSES." The petitioner City Mayor, Ramon D. Bagatsing, approved the ordinance on June 15, 1974. On February 17, 1975, respondent Federation of Manila Market Vendors, Inc. commenced Civil Case 96787 before the Court of First Instance of Manila presided over by respondent Judge, seeking the declaration of nullit ...
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