SC asked to order Magic Mall demolition
THE Supreme Court’s Third Division has been asked to compel the Regional Trial Court (RTC) of San Carlos City to issue a writ of demolition on Magic Mall Malasiqui after the Supreme Court affirmed the Court of Appeals decision declaring the ordinance and resolution passed by the Sangguniang Bayan approving the lease of the land to the Magic Group of Companies as “invalid and contrary to law”.
Petitioner Mario Armas asked the Supreme Court to issue an order directing/compelling RTC Judge Renato Pinlac of Branch 57 in San Carlos City “to issue writ of demolition for the Sheriff to demolish the Magic-Building with dispatch.”
The appellate court had reversed and set aside the decision of Judge Pinlac in Civil Case No. SSC-3209 filed by Armas vs. Mayor Armando Domantay et al with Osmundo Lambino as intervenor.
The Court of Appeals declared as invalid Municipal Ordinance No. 005-2003 and Municipal Resolution No. 002-009 and also ruled that the contract of lease is also declared null and void.” It enjoined all parties “from acting pursuant to the said Ordinance, Resolution and implementing and executing the same.”
Armas told the SC that the RTC still has not acted on his motion to issue the writ of demolition that he filed five months ago.
He cited Section 1, Rule 39 of the 1977 Rules of Civil Procedures which provides in part: ” If the appeal has been duly perfected and finally resolved, the execution may forthwith be applied for in the court of origin, on motion of the judgment obligee, submitting therewith true copies of the judgment or judgments or final order or orders sought to be enforced and of the entry thereof, with notice to the adverse party.
Further, “The appellate court, may on motion in the same case, when the interest of justice so requires, direct the court of origin to issue the writ of execution. . . which includes writ of demolition.”
Armas maintained that once the case has become final and executory, the issuance of writ of demolition ” is ministerial on the part of the court.” (LVM)
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