GR 107916; (March, 1995) (Digest)
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.
FACTS
Petitioners filed an Omnibus Motion for the Enforcement of Restraining Order and Contempt. The Supreme Court had previously issued a Temporary Restraining Order (TRO) on December 8, 1993, in connection with a petition for review involving the expropriation of petitioners’ land by the respondent Municipality of Bunawan, Agusan Del Sur. The TRO enjoined Judge Evangeline S. Yuipco from further enforcing her decision in the expropriation case and restrained the respondent Municipality, through its mayor, from using and occupying buildings on the land and from further constructing any building thereon. Petitioner alleged that despite the TRO, the municipal mayor continued to use the buildings and even constructed new “blocktiendas” on the subject land in October 1994, submitting photographs, affidavits, and an invitation as evidence. Petitioner also alleged the sheriff refused to enforce the TRO. In opposition, the respondent municipal mayor admitted constructing temporary booths for a municipal project, claiming they were due for demolition and that the use of the buildings was for public service, but submitted no proof of demolition.
ISSUE
Whether the respondent Municipality of Bunawan, through its mayor, is guilty of contempt for violating the Supreme Court’s Temporary Restraining Order.
RULING
Yes, the respondent Municipality of Bunawan, through its incumbent Municipal Mayor, is guilty of contempt. The Supreme Court found that the respondent clearly disobeyed the restraining order by constructing temporary booths and using the buildings on the subject land. The Court held the explanation for using the buildings for public service as unacceptable and immaterial, emphasizing the duty to obey the Court’s injunction. The violation was patently contemptuous. The Court reiterated the TRO, cited the respondent for contempt, and imposed a fine of one thousand pesos (P1,000.00) with a warning. The mayor was ordered to demolish the structures subject to the restraining order.