CLO upholds legality of Colon night market

CEBU, Philippines — Following weeks of heated debates over the legality of the ongoing Colon night market, the Cebu City Legal Office (CLO) has issued its formal opinion, categorically declaring the market’s operation as “legal and valid.”

For more than two months since its reopening, the Colon night market has faced a series of legal and administrative challenges, including questions about its basis in law, the legitimacy of collections, and the authority of its organizers.

The Cebu City Council sought a legal opinion from the CLO after Councilor Pastor “Jun” Alcover filed a resolution calling for the suspension of the activity, repeatedly branding it as “illegal.”

On Monday, the CLO transmitted its official opinion to the council, emphasizing that its primary objective was to clarify the legal standing of the market by addressing all issues raised. The office concluded that the operation of the Colon night market is “legal and valid.”

The CLO said its conclusion is “firmly anchored” on three legal grounds: (1) legislative authorization by the council, (2) the non-applicability of the regulatory ordinance cited by the opposition, and (3) the scope of executive authority vested in the Local Chief Executive under the Local Government Code.

On the question of permits and road closure

In its written opinion, the CLO established that the Cebu City Transportation Office (CCTO) had recommended the temporary closure of Colon Street to allow the night market to operate. The City Council subsequently approved the closure, following favorable endorsements from the Traffic Management Committee (TMC) Board.

“The temporary road closures are essential for the activity. This authorization is subsequently implemented and formalized through administrative action,” the CLO stated.

Following the council’s approval, the Business Permit and Licensing Office (BPLO) issued a Special Business Permit to Ibrahim “Mark” A. Dianalan, Chairperson of the Participative Association of Sugbo Vendors Inc. (PASVI), authorizing the operation of the Colon night market from August 30 to September 30, 2025.

The CLO noted that the permit’s scope was later extended through further TMC action. The market, it added, was “duly affiliated by the different groups of Muslim and Christian vendors and other small-scale businessmen and entrepreneurs in Cebu City,” with around 100 vendors participating.

Given these compliance measures, the CLO stressed that the night market “was not merely tolerated but was a structured, permitted, and duly regulated City enterprise.”

On the alleged lack of council approval

Councilor Alcover earlier argued that the council had been bypassed in the approval of the night market operations. The CLO, however, countered this claim, stating that the council’s prior authorization for the temporary full closure of Colon Street “for the purpose of holding the Night Market Trade and Bazaar” already affirmed its legitimacy.

According to the legal office, this authorization served as the legal foundation for the BPLO’s issuance of permits and the approval of accompanying traffic clearances.

The CLO also justified the city’s receipt of ?281,500 and ?2.2 million in payments from the organizer, saying these were “substantial fees” that further demonstrated the market’s status as a legitimate and revenue-generating enterprise of the Cebu City Government.

On the exclusion of GASA sa Gugma board

Another contention raised by Alcover concerned the absence of the GASA sa Gugma Board as organizers, claiming this violated City Ordinance No. 2386.

The CLO rejected this assertion, explaining that the GASA Board’s authority under the ordinance does not extend to the night market’s operations.

“The lack of its approval does not constitute a legal defect,” the CLO stated.

They further clarified that GASA’s mandate pertains to assisting “informal traders considered underprivileged,” whereas the Colon night market involves organized stall vendors with fixed spaces, specific operating hours, and direct administrative supervision by the BPLO under a contractual arrangement with a recognized organizer.

The CLO likewise affirmed the authority of Cebu City Mayor Nestor Archival to issue a verbal directive establishing the night market, saying it constitutes a “valid exercise of executive function.”

“The Mayor’s decision, having been formalized and having resulted in City revenue collection, enjoys the presumption of regularity in the performance of official duties,” the opinion read.

In conclusion, the CLO maintained that all procedural and legal requisites were duly complied with, reinforcing that the operation of the Colon night market stands on solid legal ground. — (FREEMAN)