A resolution is not expropriation

The Sangguniang Panglungsod of Mandaluyong City passed a resolution authorizing the city mayor to institute expropriation proceedings to develop a parcel of land for low-cost housing for the benefit of the less privileged but deserving constituents of the city. The landowner opposed and filed a petition for certiorari and prohibition. The Regional Trial Court ruled that the resolution is null and void because the landowner was not invited to the hearings on the resolution and thus denied their right to due process, and that the purpose for the expropriation was not for public use and the expropriation would not benefit the greater number of inhabitants.

Mandaluyong City appealed to the Court of Appeals. The CA reversed. The Supreme Court sustained the CA, on the following grounds: (a) the Sanguniang Panglungsod does not exercise judicial or quasi-judicial functions; and (b) the Local Government Code (RA 7160) requires the local government to issue an ordinance, not a resolution, in expropriation proceedings. Consequently, the remedies of certiorari and prohibition are both improper and unavailing.

Yusay v. CA, G.R. No. 156684, April 6, 2011, Third Division

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