Demolition of Magic Malasiqui pressed anew
THE complainant in the civil case against Malasiqui Mayor Armando Domantay, et al, and Celia Lim of Magic Group of Companies again filed an Ex-Parte Manifestation and Motion before Branch 57 of the Regional Trial Court of San Carlos City praying for the immediate issuance of writ of demolition on the building of Magic Malasiqui that was built on a land owned by the municipal government.
Mario T. Armas, the complainant, said the issuance of such writ is ministerial on the part of the court since the Court of Appeals (CA) already ruled that the construction of the Magic Mall building was illegal, and the CA decision has become final and executory because it was sustained twice by the Supreme Court.
In his new motion, Armas said the argument that the CA decision did not specifically state the demolition of the Magic Mall building since the cause of action was the Injunction, Preliminary Injunction and Temporary Restraining Order and therefore the CA has no legal basis to state in the decision that a writ of demolition be issued.
To clarify the matter further, Armas explained that when the complaint was filed, the workers of the defendant Celia Lim have just begun measuring the lot where the building was illegally constructed such as it was improper for the movant to ask the court for the issuance of the writ of demolition because at that time, there was nothing to demolish.
Armas cited a litany of Supreme Court jurisprudence that established that when the writ of demolition was not stated in the dispositive portion of the decision, “demolition is deemed included in the decision” as in the case of Marcelo vs. Mencias , L-15609, April 29, 1960.
Armas said that as movant, he is the principal complainant in the civil case and therefore has the absolute and qualified right to see to it that the final decision of the case is properly implemented, so that the sovereign people of Malasiqui will receive justice.
He said any attempt to make an oblique interpretation of the trivial and non-sensical issue of ownership of the land where the Magic Mall building was constructed ” is to utterly violate the continuing standing admonition of Justice Felix Frankfurter which says that a “Judge must not fall prey to the vice of literalness.” (Leonardo Micua)
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