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    Regulation of Public Market

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    Jett Labilles
    1. Local governments have the power to regulate public markets based on the Local Government Code and Presidential Decree 856. This includes establishing standards for market construction and sanitation. 2. The operation of public markets is considered a governmental function, with the mayor and local board needing to take joint action to open, close, or regulate markets. 3. A market qualifies as a "public market" if it is open to general public use and under government supervision, regardless of whether the building or land is publicly or privately owned.

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    Regulation of Public Market

    Uploaded by

    Jett Labilles
    701 views3 pages
    1. Local governments have the power to regulate public markets based on the Local Government Code and Presidential Decree 856. This includes establishing standards for market construction and sanitation. 2. The operation of public markets is considered a governmental function, with the mayor and local board needing to take joint action to open, close, or regulate markets. 3. A market qualifies as a "public market" if it is open to general public use and under government supervision, regardless of whether the building or land is publicly or privately owned.

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    Jurisprudence, Local GOvernment

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    1. Local governments have the power to regulate public markets based on the Local Government Code and Presidential Decree 856. This includes establishing standards for market construction and sanitation. 2. The operation of public markets is considered a governmental function, with the mayor and local board needing to take joint action to open, close, or regulate markets. 3. A market qualifies as a "public market" if it is open to general public use and under government supervision, regardless of whether the building or land is publicly or privately owned.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    701 views3 pages

    Regulation of Public Market

    Uploaded by

    Jett Labilles
    1. Local governments have the power to regulate public markets based on the Local Government Code and Presidential Decree 856. This includes establishing standards for market construction and sanitation. 2. The operation of public markets is considered a governmental function, with the mayor and local board needing to take joint action to open, close, or regulate markets. 3. A market qualifies as a "public market" if it is open to general public use and under government supervision, regardless of whether the building or land is publicly or privately owned.

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    © All Rights Reserved
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    Regulation of Public Market

    Under R.A. 7160, Section 17 provides that “local government units shall likewise
    exercise such other powers and discharge such other functions and responsibilities as are
    necessary, appropriate, or incidental to efficient and effective provisions of the basic
    services and facilities” which includes for a barangay, satellite, or public markets.

    Moreover, under Section 391 (7), the Sangguniang Barangay possesses the power
    to regulate barangay markets. Furthermore, the Sangguniang Bayan and Sangguniang
    Panlungsod are vested with power to approve ordinances which shall establish markets
    and authorize the operation thereof by the municipal or city government and regulate the
    construction of private markets, talipapas, and other similar buildings and structures.

    In consonance with the above mentioned powers, the Local Government Code
    Section 447 (5)(iv) and Section 458(5)(iv) also sanctions both the Sangguniang Bayan
    and Sangguniang Panglungsod to regulate the preparation and sale of meat, poultry, fish,
    vegetables, fruits, fresh dairy products and other food stuffs for public consumption.

    Under P.D. 856 Section 34, it provided for the prescribed standards for the
    construction of markets and guidelines to be followed.

    Section 34. Prescribed Standards of Construction the construction of markets and


    abattoirs shall conform to standards prescribed by the Department. These standards shall
    be set along the following guidelines:

    “1. Suitability of site insofar as elimination of nuisance condition and prevention of contamination
    are concerned;
    2. Availability of ample water supply for cleaning;
    3. Accessibility of adequate drainage facilities;
    4. Durability of construction to protect vendors and customers from any hazard and exposure to
    the elements; and
    5. Facilities for sanitation maintenance, such as cleaning and elimination of harborages of
    vermin.”

    Under Sec. 35, it provided for the responsibilities of the Local Health Authority
    on markets and abattoirs

    “(a) On Markets
    1. Make periodic inspections to ascertain the maintenance of adequate sanitary conditions
    of markets and their premises;
    2. Supervise and control the proper care and use of market stalls;
    3. Prohibit the construction of living quarters within any market and its premises;
    4. Enforce the ban on construction of partitions, sheds or booths within the market area.
    (b) On Abattoirs
    1. Supervise the maintenance of adequate sanitation in abattoirs and their premises;
    2. Enforce the requirements on the examination of meat as provided in existing laws;
    3. Permit the slaughter of animals for public consumption in other designated areas in
    certain exigencies, provided public health is adequately protected;
    4. Supervise the sanitary disposal of all abattoir wastes; and
    5. Ensure that only healthy animals shall be slaughtered, and that the method of
    slaughtering, the techniques of dressing and the storing, handling and transporting
    procedures are in accordance with prescribed standards.”

    Section 36 of the same Code provided for the responsibility of the Local
    Governments and private operators: “Local governments and private operators in charge
    of public or private markets and abattoirs shall employ an adequate number of personnel
    to ensure their efficient operation and hygienic maintenance. These employees shall be
    under the direct supervision of the local health authority”.

    The Supreme Court has held in the case of Cruz v. Court of Appeals the
    establishment and maintenance of public market is an exercise of legislative power; the
    Mayor (of Manila) by himself cannot provide for the opening, and operations or closure
    of public market, joint action of the Board and the Mayor is necessary (G.R. No. L-44178.
    August 21, 1987).

    In Co Chiong v. Mayor of Manila, the establishment, maintenance and operation


    of public markets are governmental in nature, being among the public functions of the
    state and, therefore, the opportunity of occupying stalls in public markets is a privilege
    that can be granted or withdrawn without impairing any one of the guarantees embodied
    in the Bill of Rights of the Constitution (G.R. No. L-1891. March 31, 1949).

    What is a Public Market?

    A market is a "public market" when it is dedicated to the service of the general


    public and is operated under government control and supervision as a public utility,
    whether it be owned by the government or any instrumentality thereof or by any private
    individual. It is a settled doctrine that a "public market may be the object of individual
    ownership or lease, subject to municipal supervision and control." (43 C.J. 394). Thus, if
    a market has been permitted to operate under government license for service to the
    general public, it is a "public market" whether the building that houses it or the land upon
    which it is built is of private or public ownership (Vda. de Salgado v. De la Fuente, 87
    Phil. 343 as cited in Cruz v. Court of Appeals G.R. No. L-44178. August 21, 1987 ).

    Rescission of Contract to Operate Public Market

    Under the New Civil Code,

    Art. 1380. Contracts validly agreed upon may be rescinded in the cases
    established by law. (1290)

    Art. 1381. The following contracts are rescissible:

    (1) Those which are entered into by guardians whenever the wards whom they
    represent suffer lesion by more than one-fourth of the value of the things which
    are the object thereof;

    (2) Those agreed upon in representation of absentees, if the latter suffer the lesion
    stated in the preceding number;

    (3) Those undertaken in fraud of creditors when the latter cannot in any other
    manner collect the claims due them;

    (4) Those which refer to things under litigation if they have been entered into by
    the defendant without the knowledge and approval of the litigants or of competent
    judicial authority;

    (5) All other contracts specially declared by law to be subject to rescission.


    (1291a)

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