Municipality of Cavite v. Rojas – G.R. No. 9069 Facts: The municipal council of Cavite by Resolution No. 10, leased to Rojas some 70 or 80 suare meters of !la"a #oledad, on condition that she pay rent uarterly in advance accordin$ to the schedule fi%ed in &rdinance No. '(, series of 1)0( and that she obli$ate herself to vacate said land *ithin +0 days subseuent to notification to that effect. pon such notification, ho*ever, she refused to vacate the land, forcin$ the municipality to file a complaint before the C-to order her to vacate the land. /fter a hearin$ of the case, the C-dismissed the complaint. Issues: 1s the contract valid2 3f in the ne$ative, *hat are the obli$ations of the parties2 Held:1No. /rticle 1371 of the &ld Civil Code, prescribes that everythin$ *hich is no t outside the commerce of man may be the object of a contract, and pla"as and streets are outside of this commerce. Communal thin$s that cannot be sold because they are by their very nature outside of commerce are those for public use, such as the pla"as, streets, common lands, rivers, fountains, etc. 3Rojas must restore and deliver possession of the land described in the complaint to the municipality of Cavite, *hich in its turn must restore to her all the sums it may have received from her in the nature of rentals just as soon as she restores the land improperly leased.
Municipality of Cavite v. Rojas G.R. No.9069 Facts:The municipal
council of Cavite by Resolution No. 10, leased to Rojas some 70 or
80 square meters of Plaza Soledad, on condition that she pay rent
quarterly in advance according to the schedule fixed in Ordinance
No. 43, series of 1903 and that she obligate herself to vacate said
land within 60 days subsequent to notification to that effect. Upon
such notification, however, she refused to vacate the land, forcing
the municipality to file a complaint before the CFI to order her to
vacate the land. After a hearing of the case, the CFI dismissed the
complaint.Issues:(1) Is the contract valid?(2)If in the negative,
what are the obligations of the parties?Held: (1) No. Article 1271
of the Old Civil Code, prescribes that everything which is not
outside the commerce of man may be the object of a contract, and
plazas and streets are outside of this commerce.Communal things
that cannot be sold because they are by their very nature outside
of commerce are those for public use, such as the plazas, streets,
common lands, rivers, fountains, etc.(2) Rojas must restore and
deliver possession of the land described in the complaint to the
municipality of Cavite, which in its turn must restore to her all
the sums it may have received from her in the nature of rentals
just as soon as she restores the land improperly leased.
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