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[PERCIVAL MODAY v. CA](http://lawyerly.ph/juris/view/c7ff5?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09)
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DIVISION

[ GR No. 107916, Mar 31, 1995 ]

PERCIVAL MODAY v. CA +

RESOLUTION

312 Phil. 1092

THIRD DIVISION

[ 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.

R E S O L U T I O N

ROMERO, J.:

Petitioner seeks the resolution of his Omnibus Motion for the Enforcement of Restraining Order and Contempt.

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 municipal 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.

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.

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