Ravanzo files motion for reconsideration on transfer of venue
COURT HEARING ON MC ADORE SALE
SANGGUNIANG PANLUNGSOD Secretary Ryan Ravanzo, thru his lawyer Borromeo Bustamante, filed a motion for reconsideration on the resolution of the First Division of the Supreme Court granting the petition of AMB ALC Holdings & Management Corporation as parte intervenor for the change of venue of the hearing of the motion for reconsideration on the decision of Regional Trial Court Judge Mervin Samadan regarding the sale of MC Adore.
In his decision dated May 20, 2013, Samadan declared Resolution No. 6738-2012 of Dagupan City approved on April 20, 2010 as “null and void”. The resolution authorized then Mayor Benjamin Lin to negotiate for the sale of MC Adore and another city property in Calasiao.
The AMB ALC, however, preempted the court from issuing a court decision declaring its resolution with finality by filing a petition with the Supreme Court seeking the transfer of the venue out of Dagupan City.
The petition was granted by the Supreme Court and directed the transfer from Dagupan City to Quezon City.
Ravanzo filed the motion for reconsideration asserting that the suspicion by the counsel of the movant-in-intervention as to the biasness and unfairness of Samadan is not a valid and compelling ground for the venue to be changed and or transferred to the RTC in Quezon City.
“If indeed, the Honorable Presiding Judge of RTC Branch 40 closes his eyes on the Sangguniang Resolution No. 6809- 2012 to justify his decision, change of venue, with due respect, is not the proper course,”Ravanzo stated in his petition.
He said there are five RTC salas in Dagupan City. The presiding judge of RTC Branch 40 may be inhibited to decide or resolve the motion for reconsideration-in-intervention of the movant, “but not necessarily to change of venue.”
He said the other presiding judges of the RTCs in Dagupan City are all competent, like the honorable judges of the RTC in Quezon City.
Likewise, on the claim of the movant in intervention that Mayor Belen Fernandez is vigorously influencing the outcome of the Special Civil Action case and the RTC being the home court of the mayor, she enjoys an advantage over AMB ALC Holdings and Management Corporation, Ravanzo said this is “misplaced” and but a mere suspicion of movant-in-intervention.–LVM
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