Demolition of Magic Malasiqui petitioned
MALASIQUI–The petitioner/appellant in the civil case he won involving the lease of a portion of the property of the municipality of Malasiqui to the Magic Group of Companies, has petitioned the Regional Trial Court (RTC) to rule on his motion asking for the issuance of a writ of demolition on the building built by Magic.
Mario T. Armas, the petitioner-appellant in Civil Case No. SCC-3209 whose motion was earlier decided by the Court of Appeals and affirmed with finality by the Supreme Court in his favor, earlier filed on August 21, 2014 before the sala of RTC Judge Renato Pinlac an Omnibus Motion and Motion for Reconsideration on the observation of the judge that the “Court of Appeals declared the ordinance and resolution (of the municipal council of Malasiqui) invalid so there is nothing clearer to execute”.
On October 7, 2014, Armas told the trial court noting that Magic did not comment on the order of the court on the petitioner’s original motion for the issuance of demolition.
Armas disagreed with the court’s observation, citing (Buaya V. Stronghold Insurance Co. Inc. 342 SCRA 576) which states, “Once a judgment becomes final and executory, the prevailing party can have it executed as a matter of right, and the issuance of writ of execution/demolition becomes the ministerial duty of the Court”.
He called the attention of Judge Pinlac that when a building or improvements were constructed illegally and in bad faith and was assailed through proper complaint, the prevailing party can enforce the decision by way of demolition because the building was constructed with no authority of law and respondents acted in bad faith.
In his motion to resolve motion for the issuance of writ of demolition, he stressed that since he is one of the members of a particle of sovereignty of Malasiqui, he has the right to seek relief before the courts of justice and in this case ” the Magic building (should) be demolished”.
On the question as to who will shoulder the expenses of the demolition, Armas said it should be the “builders in bad faith respondents “identified as the family of former Dagupan City Mayor Benjamin Lim and (Malasiqui) Mayor Armando Domantay and his companions,” citing Articles 449 and 450 of the Civil Code of the Philippines. (LVM)
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