Defense counsel seeks motion for reconsideration
ON BUILDING PERMIT ISSUE
CITY Legal Officer George Mejia has filed a motion for reconsideration on the decision of Regional Trial Court Rolando Mislang ordering City Engineer Virginia Rosario to issue a building permit to MetroState Realty Corporation.
The counsel of MetroState, however, strongly opposed the introduction of new evidence by Mejia, which was a memorandum to Rosario by Emmanuel Cuntapay, acting executive director of the National Building Code Development Office.
MetroState is being represented by lawyer Francisco Baraan.
The memorandum of Cuntapay states in part: “In view thereof, and to avoid any legal problem that your Office may encounter in the future, it would be prudent on your part to hold in abeyance the issuance of a Building Permit for the subject project until after the said requisites are complied with.”
The requisites mentioned by Cuntapay was a copy of Resolution No. 5611, which was not transmitted to Rosarios office pending compliance of some requirements imposed by the Sangguniang Panlungsod.
In filing the motion for reconsideration, Mejia also asked that the case be set for hearing for the presentation of evidence, and after trial, judgment be rendered dismissing the case for lack of merit.
In his motion, Mejia said that Rosario maintains that she has not issued any building permit number to the plaintiff and that the supposed Building Permit No. 07-04-216 posted in the construction site did not emanate from her office.—LM
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