Court stops sale of MC Adore
A restraining temporary order has been issued by the court last Thursday, December 14, to Dagupan City Mayor Benjamin Lim stopping him from proceeding with the sale of the MC Adore International Palace on Monday, December 17, 2012.
Judge Emma Torio, acting presiding judge of Branch 40, Regional Trial Court of the First Judicial Region in Dagupan City issued the order after the court resolved to grant the urgent motion for reconsideration filed by Ryan Ravanzo, sanggunian secretary, “in the higher interest of substantial justice.”
The order restrains Lim for a period of twenty (20) days upon Lim’s receipt of the order.
Ravanzo earlier filed a petition for preliminary injunction seeking to stop the mayor from proceeding with the sale of MC Adore hotel and a piece of land in Calasiao owned by the city government, as authorized by the Sanggunian Panlungsod.
Ravanzo, in his urgent motion, cited the defiance of the court by the mayor who advertised the sale by sealed bid of MC Adore in Manila Bulletin and Philippine Daily Inquirer despite the pendency of the petition before the court.
Torio, meanwhile, set a hearing on January 3, 2013 to hear the petition for the issuance of writ of preliminary injunction.
The Ravanzo petition stemmed from a special session called by Lim last April 20, 2012 for the purpose of securing an authority from the city council to allow him to initiate the sale of the MC Adore and the Calasaio land.
The resolution was unanimously adopted by nine councilors in attendance, namely Brian Lim, Chester Gonzales, Guillermo Vallejos, Red Erfe-Mejia, Jesus Canto, Chito Samson, Karlos Reyna, Alvin Coquia and Librada Manaois-Reyna. The session was presided by Canto.
Vice Mayor Belen Fernandez later solicited the legal opinion of the Department of Interior and Local Government (DILG) on the legality of the proceedings, particularly the legal basis for the special session that was called by the mayor.
The DILG subsequently issued the opinion that the special session was illegal and the resolution was without effect.
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