Eduardo Pontaoe
9 Nov 2007

 

 

The Writ of Mandamus issued by Judge Rolando Mislang, is a Prayer for Preliminary Injunction and TRO. This court order, an ill-advised fishing expedition on the part of MetroState sanctioned by a judge who has no legal basis to hang on.

These vultures of MetroState will do anything in their power – illegally – to finish what they started. What’s for them to lose? The last play from a losing game.

Judge Rolando Mislang of the Regional Circuit, MISsed the LANGuage of legality when he said, “Exhaustion of administrative remedies is not required where the complaint raised is only a question of law”.

What’s he talking about? On this premise, the question of law, of legality, cannot be raised when the thing challenged, is absolutely illegal. Illegal in the sense that no authorization was granted by the city council to MetroState.

They started building – with no permit – gambling on the idea The Benjie will win the election. It was a flawed assumption. MetroState and the judge didn’t realize – it can be seen – they don’t have a prayer . . . no legs to stand on.

Basically, City Engineer Virginia Rosario is within her administrative power to refuse the issuance of a permit. What’s she going to do? Issue an illegal permit and get whacked?

I can feel her pain caught between a rock and a hard place. She doesn’t have to worry. If she sticks to her guns she would be all right. The law is on her side.

Lastly, the City of Dagupan couldn’t allow MetroState to continue building, though, for progress because Mayor Al cannot afford to create a precedent, which would haunt him later on. If he opens the gates, every unwanted viruses will try to get in. Mayor Al, for his legacy, with the City Council, will not tolerate anything he cannot control.