G.R. No. 107916 - Moday vs. Court of Appeals

On July 23, 1989, the Sangguniang Bayan of Bunawan, Agusan del Sur passed Municipal Resolution No. 43-89 authorizing the mayor to initiate expropriation of a one-hectare portion of Lot No. 6138-Pls-4 (TCT No. T-3132) owned by Percival Moday for a farmers’ center and sports facilities.
Mayor Anuncio C. Bustillo approved Resolution No. 43-89 and transmitted it to the Sangguniang Panlalawigan for review.

On September 11, 1989, the Sangguniang Panlalawigan disapproved the resolution as unnecessary, citing other available lots in Bunawan.
The Municipality of Bunawan filed a Petition for Eminent Domain in RTC Prosperidad, later amending the complaint to include petitioners’ parents as defendants.
On March 6, 1991, the municipality deposited P632.39 with the municipal treasurer and moved for possession; the RTC granted the motion on July 2, 1991.
Petitioners’ motion for reconsideration was denied on October 31, 1991. Their certiorari petition to the Court of Appeals (CA G.R. SP No. 26712) was dismissed on July 15, 1992, and reconsideration denied on October 22, 1992.

Respondent municipality erected three buildings (ABC Hall, motorpool, and gymnasium) on the subject land.
Petitioners filed a petition for review with the Supreme Court on November 23, 1992.
The Supreme Court issued a TRO on December 8, 1993, restraining further occupation and construction; on March 15, 1995, it cited former Mayor Bustillo for contempt and ordered demolition of blocktiendas.
A new mayor moved in June 1996 to dissolve the TRO.

Whether a municipality may validly expropriate private property by virtue of a municipal resolution disapproved by the Sangguniang Panlalawigan.
Whether the disapproval of Resolution No. 43-89 on grounds of “unnecessary expropriation” was within the Sangguniang Panlalawigan’s authority.
Whether allegations of political oppression and availability of alternative municipal lands invalidate the expropriation and give rise to personal liability of the former mayor.