Wednesday, February 28, 2007 Nalzaro: Cockpit operation By Bobby Nalzaro Saksi
ARE owners of Floremer Sportsman's Club cockpit inside Floremer subdivision in barangay Banilad, Mandaue City above the law? Why are Mandaue City officials playing deaf to the violations of the cockpit's owners despite a court order to close it? I ask these questions because of the Supreme Court decision declaring the operation of the cockpit as illegal.
Before getting the favorable decision, the case was a protracted legal battle on the part of the petitioners headed by Nilo Cesa and the Floremer's Homeowners Association. Unfortunately, a legal victory was not completely achieved because of the failure of the concerned government agency to carry out the decision.
On April 14, 1992, Cesa and the homeowners group filed a case with the Housing and Land Use Regulatory Board (HLURB) 7 against the cockpit operators, brothers Romulo and Douglas Perez, for violation of the subdivision law by setting up an arena inside a subdivision. On May 3, 1995, the HLURB rendered a decision in favor of Cesa and ordered the cockpit closed. The Perez brothers appealed the decision with the HLURB commission in Metro Manila.
The following year, the HLURB Board affirmed the decision of its regional office but gave the operators one year from the finality of the decision to move or relocate the cockpit. The Perezes elevated the case to the Office of the President (OP). But the OP, in its May 25, 1998 decision, dismissed the owners' appeal.
The decision should have already been final and executory. It was endorsed to the sheriff of the Regional Trial Court (RTC) in Mandaue for execution.
But in June 2000, the owners filed an injunction case with RTC Branch 56. Cesa's group filed a motion to dismiss, claiming that the local court had no jurisdiction on the matter because HLURB had already decided on the case. Judge Jesus de la Peña dismissed their motion, prompting the petitioners to raise the matter with the Court of Appeals (CA) by way of a certiorari. The CA reversed de la Peña's decision.
The Perezes filed a motion for reconsideration on the CA decision but the motion was also dismissed. They then filed a petition for certiorari with the Supreme Court. On Jan. 24, 2005, the High Tribunal decided the case with finality upon hearing the motions for reconsideration and clarification of the respondents.
Now, Cesa's group are wondering why the Mandaue City Government still issued a permit to the cockpit despite the Supreme Court decision. And what is the HLURB doing? Why hasn’t it ordered the demolition of the cockpit? That, I would say, is a 64-dollar question.
Asa pa man modangop diay kining mga petitioners, adto sa hukmanan sa langit?
