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Capistrano, et. Al. Vs. Pena, et. Al.

FELIZA CAPISTRANO, ET AL., petitioners, vs. EMILIO PENA Judge of First Instance of Manila, VALERIANO FUGOSO, Mayor of City of Manila, LAMBERTO JAVALERA, Chief of Police of City of Manila, and THE SHERIFF OF CITY OF MANILA, respondents.

G.R. No. L-1354 | 1947-07-28

D E C I S I O N

TUASON, J:
The petitioners herein severally own and conduct eating places housed in a temporary structure erected on Plaza Miranda, City of Manila, in the immediate vicinity of the Quiapo Church and the site of the burned parish house or convent. The place as part of a public plaza is admittedly city property dedicated to public use.

Under date of June 29, 1946, the petitioners brought an action for injunction in the Court of First Instance of Manila complaining that the City Mayor had ordered the Chief of Police "to remove the shacks and stalls around the Quiapo Church including the restaurants in question and that the...