Title
Lagcao vs. Labra
Case
G.R. No. 155746
Decision Date
Oct 13, 2004
Petitioners challenged Cebu City's expropriation of their property for socialized housing; SC ruled ordinance unconstitutional, citing bad faith, lack of public necessity, and non-compliance with RA 7279 and RA 7160.

Case Digest (G.R. No. 155746)
Expanded Legal Reasoning Model

Facts:

  • Donation and Purchase of Lot 1029
    • 1964 – Province of Cebu donated 210 lots (including Lot 1029, 4,048 sq m) to the City of Cebu.
    • 1965 – Petitioners purchased Lot 1029 on an installment basis.
  • Reversion and Acquisition of Title
    • Late 1965 – All 210 lots reverted to the Province of Cebu; the province sought to annul the sale to petitioners.
    • 1986 – Court of First Instance ordered specific performance in favor of petitioners.
    • 1992 – Court of Appeals affirmed.
    • 1994 – Province executed a deed of absolute sale; TCT No. 129306 issued in petitioners’ names.
  • Ejectment Proceedings and Legislative Acts
    • 1997–1998 – Petitioners filed ejectment against squatters; MTCC and RTC ordered eviction, issuance of writ of execution and demolition order.
    • Early 1999 – Mayor Garcia requested suspension of demolition; MTCC suspended demolition for 120 days.
    • May 1999 – Sangguniang Panlungsod (SP) resolution identified Lot 1029 as a socialized housing site under RA 7279.
    • June 1999 – SP passed Ordinance No. 1772 amending zoning to include socialized housing sites.
    • July 2000 – SP enacted Ordinance No. 1843 authorizing expropriation of Lot 1029 for socialized housing, appropriating ₱6,881,600; approved by the mayor August 2, 2000.
    • August 2000 – Petitioners filed an action in RTC for nullity of Ordinance 1843; RTC dismissed complaint July 1, 2002; motion for reconsideration denied August 26, 2002.

Issues:

  • Whether Ordinance No. 1843 violated the constitutional guarantee against deprivation of property without due process and the requirement of public use.
  • Whether the City complied with (a) RA 7160 Section 19 (prior valid and definite offer) and (b) RA 7279 Sections 9–10 (priority in acquisition and exhaustion of modes before expropriation).

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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