MetroState wins another round vs. city hall

By December 15, 2007Headlines, News

REGIONAL Trial Court Judge Rolando Mislang of Branch 42 has denied the motion for reconsideration filed by Engineer Ma. Virginia Rosario on his October 22 decision ordering her to issue a building permit to MetroState Realty Corporation, for lack of merit.

In his new order dated November 21, 2007, Mislang said the issue raised by the defendant in her motion for reconsideration yields no matter except the issue on memorandum to the defendant dated October 16, 2007 from the National Building Code Development Office, Department of Public Works and Highways.

In denying Rosario’s appeal, Mislang held the view that the memorandum of NBCDO “is not binding to this Court, it being a mere advisory laid down by a higher authority over his subordinate under the executive branch of the government.”

He said that the memorandum at most “has only a persuasive effect”.

“It is a basic postulate in political law under the principle of separation of powers that the executive branch of government is separate and distinct from the judicial branch, thus the Memorandum is of no moment, insofar as this Court is concerned” wrote Mislang.

FURTHER

APPEAL

However, in behalf of Rosario, City Legal Officer George Mejia filed on November 28 a notice of appeal stating that the defendant is appealing the decision as well as the order of the Court before the Court of Appeals on the ground that the same are contrary to law and the facts of the case.–LM

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