Sari-sari store owner wins case vs MMDA

MANILA, Philippines - A simple sari-sari store vendor in Quezon City has scored victory in her legal battle against the Metropolitan Manila Development Authority (MMDA). This was after the Court of Appeals ordered the MMDA to pay Gloria Fenol at least P50,000 in damages for demolishing her store and seizing her goods during a sidewalk clearing operation last February 2005. In a 19-page decision, the CA Twelfth Division noted that the MMDA had no right to demolish Fenol’s store since it was located on a private property and not on EDSA’s sidewalk. “Respondents should have exercised more caution and should have refrained from showing their iron-hearted stance when petitioner presented her supporting documents," the CA said. The MMDA invoked its authority under the law to clear streets, alleys, sidewalks, and other public places of obstructions and illegal structures. Fenol presented as evidence a lease contract with ANC Realty Corporation and a certification from the Quezon City Engineer’s Office that said the stall was within the property of Mr. Ang Ngo Chong, owner of ANC Realty Corporation. The appellate court said the certification of the engineer’s office enjoys a presumption of regularity and “must prevail over the photographs of the arcade and the mere judgment of the MMDA that petitioner’s sari-sari store encroached the sidewalk." “Although the court finds it laudable for the MMDA’s intention to remedy the proliferation of sidewalk vendors that hamper the free flow of traffic, we do not however permit the persecution of legitimate vendors that are not nuisance per se," the court said. - GMANews.TV