Tartanilla driver and the horse manure elimination ordinance

A rig (tartanilla) driver by the name of Juanito Solon questioned the legality of the City Ordinance No. 241. It was an ordinance providing for the elimination of manures from city streets.

The ordinance requires that drivers were to pick up, gather and deposit in the receptacle the manure emitted or discharged in any part of the public highways or streets. It was enacted by the City Council on March 6, 1958.

Juanito Solon, was convicted by the Municipal Trial Court for violating the city ordinance and was given the penalty of paying the fine of 1.00 peso and imprisonment in the event that he fails to pay the fine. Solon, questioned this, and appealed his conviction before the Court of First Instance. His appeal was denied by the Court of First Instance and Juanito Solon went to the Supreme Court.

Solon, challenged the legality of the ordinance arguing that it violates the equal protection clause of the 1935 Constitution. He said it was unfair that it was only the rig drivers who were required to pick up, gather and deposit horse manures. Solon said that the city ordinance was discriminatory as not all drivers of animal drawn vehicles were required by the city ordinance.

Juanito Solon, the rig driver was assisted by lawyer Antonio T. Uy of Hinunangan, Leyte who was admitted to the Philippine Bar on January 21, 1955. Uy, a new lawyer then acted as Solon's counsel up to the Supreme Court.

The Supreme Court En Banc on November 23, 1960 decided that the Cebu City Ordinance was valid and did not violate the equal protection of the Constitution. The decision was written by Justice Jesus Barrera. The conviction of Juanito Solon was affirmed by the Supreme Court and was required to pay the fine imposed by the Municipal Trial Court.

The decision of the Supreme Court strengthened the city ordinance and rig drivers in Cebu City then faithfully followed the gathering of the horse manures. It was a big problem of the city then and was seen as a health hazard as they were about 5,000 rigs plying in the city streets and horse manures emitted and scattered. The ordinance ensures that these manures be gathered and deposited in a receptacle.

Antonio T. Uy, Solon's counsel years later also appeared as counsel in a case that reached the Supreme Court. Uy was one of the legal counsels of the Democratic Labor Association who held a strike against Cebu Stevedoring Co., Inc. for alleged unfair labor practice. The labor group petitioned the Supreme Court asking that the Court of First Instance, particularly the court presided by the Judge Guillermo Villasor be restrained from preventing the workers of holding a strike against its employers. Other respondents of the petition were the Provincial Commander and Chief of Police of Cebu City.

The President of the Democratic Labor Association was Delfin Mercader also a lawyer, Antonio T. Uy co-counsel was Carlos S. Santiago. The labor case was decided by the Supreme Court on November 27, 1971.