Judge reverses decision of another Judge
ON CASE FILED BY METROSTATE
There’s bad news and good news for the city government of Dagupan.
The bad news is last December 18, Regional Trial Court Judge Rolando Mislang of Branch 42 granted the motion of Metro State Realty Corporation seeking the execution of his order, pending appeal, ordering City Engineer Virginia Rosario to issue a building permit for their stalled project.
The good news is Pairing Judge Silverio Castillo of Branch 43, who took over Mislang’s sala when the latter was transferred to the RTC branch in Pasig City, set aside Mislang’s order in his own three-page order dated January 22, 2008.
Castillo’s order was issued after the Dagupan City Legal Officer filed a motion for reconsideration on Mislang’s earlier order.
In setting aside Mislang’s order, Castillo cited the well-established rule that “it is not for the trial court to determine the merits of the decision it rendered and use the same as basis for an order allowing execution of its decision pending appeal.”
Castillo held the view that the trial court cannot preempt the decision of the appellate court on the meritsof the petitioner’s appeal which Rosario filed immediately after the trial court denied her motion for reconsideration.
As to the contention of Mislang that the appeal was being taken for the purpose of delay, Castillo stated in his order that “neither is the finding of the trial court that the appeal is dilatory a good reason for granting of execution appeal if the appellate court cannot appreciate the dilatory of an appeal.”
Castillo also said it is not within the competence of the trial court, in resolving the motion for execution pending appeal, to rule that the appeal is patently dilatory and rely on the same as basis for finding good reasons to grant the motion.
Mejia said that with the appeal of Rosario pending before the Court of Appeals, it could mean that MetroState cannot yet proceed with the construction of its supposed P84 million two-storey tourism commercial building at the former Magsaysay Market.—LM
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