Moday vs.

Court of Appeals
Petitioners: Percival Moday, Zotico Moday and Leonora Moday
Respondents: Court of Appeals, Judge Evangelisa Yuipco, and Municipality of Bunawan
Nature: Special civil action for the reversal of the decision of the Court of Appealss decision
and resolution and seeks declaration for nullity.

Facts:
Moday is a private land ownet in the Bunawan, Agusan Del Sur.
The Sangguniang Bayan of the Municipality of Bunawan passed resolution No. 43-89,
Authorizing the Municipal Mayor to initiate the expropriation of 1 hectare portion land
of Percival Moday.
The Sangguniang Panlalawigan disapproved the resolution and returned it with a
comment that the expropriation is unnecessary considering that there are still available
lots in Bunawan for the establishment of the Govt center.
Municipality files a petition for eminent domain in RTC and a motion to take the
possession.
RTC granted the SB.
It ruled the SPl failure to declare the resolution invalid leaves it effective. It added
that the duty of SPl id merely to review the ordinances and resoltuions passed by
the SB
Petitioners filed a petition for certiorari before the CA. The latter affirmed the decision of
the RTC.
The Municipality had erect 3 bldgs on the subject property namely: Assoc. of Brgy.
Councils Hall, Mun. Motorpool and Bunawan Mun. Gymnasium.

Issue: WON a municipality may expropriate private property by virtue of a municipal resolution
invoking eminent domain.

Held: YES!
Ratio:
Eminent Domain, the power which the Bunawan exercised in this instant case is a fundamental
state power that is inseparable from the sovereignty. It is the governments right to appropriate in
nature of a compulsory sale to the state, private property for public use or purpose. Provided, that
there must be a just compensation.
The Municipalitys power to exercise the right is not disputed as it is expressly provided for in
BP 337, The Local Govt Code in force at the time of the expropriation proceedings were
initiated.
SPl disapproval of the said resolution without declaring it invalid is null and void. The law says:
Sec. 153, BP Blg. 337 grants the SPl the power to declare the municipal resolution invalid on the
sole ground that it is beyond the power of SB or Mayor to issue.

SC Ruling:
Petition denied