Municipality of Cavite v. Rojas
Municipality of Cavite v. Rojas
Municipality of Cavite v. Rojas
Rojas
G.R. No. L-9069; March 31, 1915
Torres, J.
Facts: Hilaria Rojas entered into a contract of lease with the Municipality of Cavite for a parcel of land 93
square meters in area that forms part of Plaza Soledad. Rojas contends that the contract is valid and
they have the right to possess the lot. However, they are being asked to vacate the land since the lot is a
public property and the contract entered into with Municipality of Cavite is ultra vires.
Issue: Whether or not the public plaza may be the object of a contract of lease.
Ruling: No. The 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.