Del Rosario, Dexter

Case: (25) City of Ozamis v Lumapas

Facts: Serapio LUMAPAS was an operator of Romar Line, a business of transportation buses
for passengers and cargoes in OzamizCity and Pagadian. On Sept. 15, 1964, the Municipal BOARD of
Ozamiz CITY enacted Ordinance No. 466, which imposed “parking fees for every motor vehicle parked on
any portion of the existing parking space in the City of Ozamiz.” This ordinance covered LUMAPAS’ buses,
which parked along Zulueta Street (in the market area) whenever theywould wait for passengers. The
buses had to pay the “parking fee” at a toll station, around 100 ft. after the “parking area” along Zulueta
Street.

Under the Ordinance, LUMAPAS paid P1.00 for each of his busses from Oct. 1964 to Jan. 1967, paying a
total sumof P1,259.00 under protest. In 1968, LUMAPAS filed a complaint against the CITY, alleging that
Ordinance No. 466 was ultra vires and asking that it be nullified and his parking fees reimbursed

The CFI found that the “parking area” was a municipal street, and the parking fees were in the nature of
“toll fees” for the use of public works. These imposition violated R.A. 4136 (Land Transportation & Traffic
Code) since the “tollfees” were imposed without prior recommendation of the Sec. of Public Works and
approval by the President. The CFI then declared the Ordinance null and void, and ordered
reimbursement. In the course of the petition, the Court noted that the President had approved the
ordinance in question, after the Secretary recommended it to him.

Issue: WON the CITY (through its Municipal BOARD) had the power to enact Ordinance No. 466.

Held: YES, the fees were in the nature of parking fees and not toll fees. It is in the exercise of police
power. Under the Ozamiz City Charter (R.A. No. 321), the BOARD has the power to “regulate the use
of streets, avenues, alleys, sidewalks, wharves, piers, parks, cemeteries, and other public places” and
“enact all ordinances it may deem necessary and proper for the promotion of the morality, peace, good
order, comfort, convenience, and general welfare” of the City.

Hence, the Charter granted the CITY police power to be exercised as a governmental function for
municipal purposes. The CITY’s police power included the full power to control and regulate its streets to
promote public health, safety, and welfare and therefore the time, place, and manner of parking in
streets and public places.

As to LUMAPAS’ contention that the ordinance charged a toll fee: “Parking” ordinarily implies “more
than a temporary and momentary stoppage at the curb it involves the idea of using a portion of
the street as storage for an automobile.” “Toll,” when used in connection with highways, is “a duty
imposed on goods and passengers travelling public roads. The toll for use of a toll road is for its use in
travelling thereon, not for its use as a parking place.” The Court noted that the purpose of the
Ordinance was actually for regulation not revenue, since the amounts charged are minimal and decrease
according to the size of the vehicle. The intended result is increased safety and convenience arising from
decongestion of traffic.