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152 SUPREME COURT REPORTS ANNOTATED

Moday vs. Court of Appeals

*
G.R. No. 107916. March 31, 1995.

PERCIVAL MODAY, ZOTICO MODAY (deceased) and

LEONORA MODAY, petitioners, vs. COURT OF
APPEALS, JUDGE EVANGELINE S. YUIPCO OF
BRANCH 6, REGIONAL TRIAL COURT, AGUSAN DEL
SUR AND MUNICIPALITY OF BUNAWAN, respondents.

Remedial Law; Injunction; Respondent was duty bound to

obey the injunction issued by the Court.—The explanation given
by respondent municipality is unacceptable. The purpose for
which the buildings were used is immaterial. Respondent was
duty bound to obey the injunction issued by this Court. The TRO
was explicit in its language. Violating its purpose and language is
patently contemptuous and merits the corresponding punishment.

_______________

* THIRD DIVISION.

153

VOL. 243, MARCH 31, 1995 153

Moday vs. Court of Appeals

PETITION for review of a decision of the Court of Appeals.

The facts are stated in the resolution of the Court.

     Roldan L. Torralba for petitioner.

RESOLUTION

ROMERO,J.:

Petitioner seeks the resolution of his Omnibus Motion for

the Enforcement of Restraining Order and Contempt.

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8/20/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 243

In connection with the petition for review involving the

expropriation of petitioners’ land by respondent
Municipality of Bunawan, Agusan del Sur, the Court on
December 8, 1993 resolved to issue a temporary restraining
order enjoining and restraining

“a) Judge Evangeline S. Yuipco of the Regional Trial

Court of Prosperidad, Agusan del Sur, Branch 6,
from further enforcing her decision, dated July 2,
1991 in Special Civil Case No. 719, for “Eminent
Domain,” and
b) the respondent Municipality of Bunawan, through
its incumbent Mayor from using and occupying all
buildings constructed within and from further
constructing any building on the land subject of the
herein petition, effective immediately and until
further orders from this Court.”

In his aforesaid Omnibus Motion, petitioner alleges that

the municipal mayor continues to use the buildings on the
subject land and even constructed new “blocktiendas”
thereon in October 1994. Photographs, affidavits and an
invitation to an affair held there attached to the motion
show such continuing use of the subject land. He prays that
the municipal mayor and municipal officials be cited for
contempt.
Petitioner also alleges that the sheriff has refused to
enforce the TRO enjoining his regional trial court from
proceeding with the case. Accordingly, he prays that a law
enforcement agency be designated to enforce the
restraining order by padlocking the buildings and
demolishing the blocktiendas on the land.
In their opposition to the motion, respondent municipal
mayor admits the construction of temporary booths for a
certain munici-

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154 SUPREME COURT REPORTS ANNOTATED

Moday vs. Court of Appeals

pal project which was due to be demolished after October

29, 1994. However, no photos or other proofs were
submitted to show that the booths had indeed been
demolished. Respondent also alleges that the buildings and
the land were indeed used, not for Mayor Bustillo’s
personal purposes, but for public service and public
interest.
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8/20/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 243

Respondent Municipality of Bunawan, acting through its

mayor, clearly disobeyed the restraining order issued by
the Court on December 8, 1993. Respondent admits having
constructed temporary booths on the subject land as well as
having used the buildings thereon for public service-
oriented activities.
The explanation given by respondent municipality is
unacceptable. The purpose for which the buildings were
used is immaterial. Respondent was duty bound to obey the
injunction issued by this Court. The TRO was explicit in its
language. Violating its purpose and language is patently
contemptuous and merits the corresponding punishment.
We reiterate the restraining order issued by the Court
on December 8, 1993.
WHEREFORE, the respondent Municipality of
Bunawan, Agusan Del Sur, through its incumbent
Municipal Mayor, is cited for contempt and is hereby
FINED in the amount of one thousand pesos (P1,000.00)
with the WARNING that a repetition or continuation of the
acts herein found to constitute contempt of court will be
dealt with more severely. The mayor is hereby ordered to
DEMOLISH the structures subject of the restraining order.
SO ORDERED.

          Feliciano (Chairman), Melo, Vitug and Francisco,

JJ., concur.

Respondent Mayor meted a fine and warned against the

commission of similar contemptuous act.

Note.—Grant or Denial of an injunction rests upon the

sound discretion of the Court. (Avila vs. Tapucar, 201
SCRA 148 [1991])

——o0o——

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