MALASIQUI–The  Supreme Court has denied the appeal of the Magic Group of  Companies to reverse an earlier decision of the Court of Appeals (CA) that set aside the resolution of the Sangguniang Bayan of Malasiqui authorizing the lease of a portion of a municipal property to the company.

The CA decision dated July 7, 2013 reversed a decision of the Regional Trial Court of San Carlos City favoring Magic and the other respondents in the case, including Mayor Armando T. Domantay Sr.

The case stemmed from the leasing of the lot owned by the municipal government to the Magic Group on which it built the Magic Mall Malasiqui.

The lease was questioned by residents Mario T. Armas and Osmundo Lambino.

In its order dated Dec. 11, 2013, the SC said it is denying the peition for failure to show any reversible error in the CA decision and resolution as to “warrant the exercise of the Court’s discretionary appellate jurisdiction”.

Moreover, the Court said the petition failed to comply with the requirements under Rule 45 and other related provisions of the 1997 Rules of Civil Procedure, as amended governing appeals by certiorari to the Supreme Court, as the petitioners failed to:

(1) state the material dates of receipt of the assailed decision and filing of the motion for reconsideration in violation of Sections 4(b) and 5, Rule 45 in relation to Section 5(d), Rule 56;

(2) accompany the petition with clearly legible duplicate originals, or certified true copies of the assailed decision and resolution, certified by the Clerk of Court of Appeals, in violation of Sections 4(d) and 5, Rule 45 in relation to Section 5(d), Rule 56; and

(3) adduce proof of authority of petitioner Armando C. Domantay, Sr. to sign the verification of the petition and certification of non-forum shopping under Section 4 and 5, Rule 7 and for and on behalf of other petitioners.

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