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

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

w

Connecting to %s