Cebu City Legal Office debunks Alcover, says Colon Night Market legally operating

Local

THE Colon Night Market is legally operating, the Cebu City Legal Office affirmed Tuesday.

The legal office dismissed claims by Councilor Pastor “Jun” Alcover that the popular nightly bazaar is running without proper authority.

In a legal opinion dated October 16 and transmitted to the Sangguniang Panlungsod on October 28, City Attorney Briccio Boholst concluded that the night market’s operation is “LEGAL and VALID.”

He cited legislative authorization, proper permits, and executive powers under the Local Government Code.

The legal opinion responded to the resolution passed by the council on September 16, 2025, which requested clarity on three main issues: the legality of the night market without the explicit approval of the GASA sa Gugma Board and City Council, the Mayor’s authority to verbally order its implementation, and potential liabilities from alleged lack of authority.

“The foundational position of this Office is that the Colon Night Market operation is firmly anchored by express legislative authorization, the non-applicability of specific regulatory ordinances, and the necessary scope of executive and proprietary powers granted to the Local Chief Executive,” Boholst wrote.

The night market, a seasonal event since 2013, has followed a documented chain of authority.

The City Traffic Office recommended the temporary road closure to the council, which approved it through resolutions and administrative action via the Traffic Management Committee (TMC).

A Special Business Permit was issued by the Business Permit and Licensing Office (BPLO) to Mr. Ibrahim “Mark” Dianalan, lead organizer of the Participative Association of Sugbo Vendors, Inc. (PASVI), allowing the “Night Market Trade & Bazaar” from August 30 to September 30, 2025, along Colon Street.

The permit explicitly allowed closures from 6:00 p.m. to 2:00 a.m., in accordance with Section 20 (L) of the Revised Charter of Cebu City and Section 455-b (3-IV) of R.A. 7160 (Local Government Code of 1991).

The city collected P281,500 and P2.265 million from the organizer, confirming the event as a legitimate, revenue-generating enterprise of the local government.

Boholst emphasized that the proprietary function of the LGU in this arrangement places it outside the scope of the Government Procurement Reform Act.

The legal opinion also addressed Alcover’s argument regarding the GASA sa Gugma Board, noting that the board’s jurisdiction under City Ordinance No. 2386 applies strictly to informal sidewalk vendors.

Night Market vendors, with fixed stalls, schedules, and formal permits, fall outside this regulatory scope, making GASA’s approval legally unnecessary.

The City Legal Office also maintained that Mayor Nestor Archival’s initial verbal directive to establish the night market was fully ratified through administrative action, including BPLO permits and TMC resolutions.

“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 states.

Alcover has repeatedly criticized the night market’s continued operation, calling the road closure permit “expired” and questioning the authority of the organizers.

He claimed more than 1,000 vendors operate nightly, ten times the number authorized in the BPLO permit, and has raised concerns about the collection of P6,000 fees from each vendor, noting no official records of remittances to the city treasury.

Alcover has urged the mayor to convene GASA and suspend the night market, citing alleged violations of traffic, public safety, and permit conditions.

“Yet, despite the clear expiration, the night market continues to operate, in blatant disregard of the law and our authority as a legislative body,” Alcover said.

Archival, meanwhile, has defended allowing a private group to manage the market, citing the city’s limited resources and the practical need to generate income without directly managing operations.

He argued that the P6,000 fee per vendor helps cover electricity, security, garbage collection, and maintenance costs.(TGP)