|
Sunday, September 11, 2005
Sheriff readies writ v. mayor, vice mayor
By Victor Camion and Maricar Aranas
SHERIFF of the Regional Trial Court (RTC) in Negros Oriental assured Wednesday to execute the writ issued by the Court of Appeals (CA)-Manila against Mayor Agustin Perdices, Vice Mayor William Ablong, and City Legal Officer Neil Rey Lagahit in connection with the contempt suit filed by lotto operator Teresita Zamora.
RTC Clerk of Court Ex-Officio Provincial Sheriff Ma. Antonia Lacsican-Bulado claimed the clerk of court of RTC Branch 33 was yet to endorse the writ of execution to her office.
"If we can receive that endorsement from Branch 33 of the writ of execution by the Court of Appeals then we will assign it or raffle it among my four sheriffs here for execution", said Bulado.
She explained that the task to execute the CA order belonged to sheriff Rembang Mama of Branch 33 but he was on absence-without-leave.
"As of this time I don't have any official copy," added the Provincial Sheriff.
RTC Branch 33 Clerk of Court Lawyer Lalaine Erames-Cimafranca confirmed receiving a copy of the CA order on the afternoon of September 6.
Cimafranca said the court was surprised why the writ was addressed to the sheriff of Branch 33 when presiding Judge Luahati Bustamante had already inhibited herself from the lotto case.
The case was later turned over to Judge Ramon Paguio of RTC Branch 40 after the CA returned the main case to the lower court for review.
Judge Paguio refused to comment.
Cimafranca said she was tracing the records to find out if the order was really addressed to Branch 33.
"Kay naa man gud to'y decision sa CA-Cebu, karon sa Manila na pud or basig nalimot sila nga ang Branch 40 na maoy naghandle ining kasoha (CA-Cebu had a decision and now Manila. Maybe they forgot that this case is being handled by Branch 40)", she explained.
CA declared Ablong and Lagahit guilty of indirect contempt for closing Zamora's lotto operation on June 18, 2003 despite its order not to enforce the City Government's closure order and to allow the operation of the lotto terminal.
Ablong signed the closure order as acting mayor then.
The City Government, led by Perdices, first closed Zamora's lotto terminal in 2001 and confiscated her machine.
Ablong and Lagahit, accompanied by policemen, raided and closed Zamora's lotto outlet in Barangay Bantayan in 2003 for allegedly operating without business permit and confiscated the lottery machine.
Finding both officials in contempt of its order, the CA ordered the sheriff to find both men P30,000 each.
The court, however, dismissed the charge for indirect contempt against Perdices.
Misleading
Reacting to the CA's writ of execution, Lagahit and Ablong accused Zamora of "misleading" CA.
Both were set to file a motion for reconsideration to inform the CA that the case was moot and academic.
"Among pahibaw-on ang Court of Appeals nga gi-misled sila sa kampo ni Zamora (We will inform Court of Appeals that they were misled by Zamora", said the city legal officer.
"Dugay na kanang gidismissed ni Judge Ramon Paguio (Judge Ramon Paguio long dismissed the case)".
Zamora described the city's move a "dilatory tactic".
She explained that the CA has denied the city's motion for reconsideration against its January 29, 2004 ruling.
Likewise, Zamora said, the Supreme Court has also denied the city's petition for review and declared its August 4, 2004 decision final and executory.
The lotto operator shrugged off Lagahit's opinion that the latest CA order was moot and academic.
She explained the lower court has not dismissed the contempt charge.
Zamora said she was not bothered with her case now that the court has upheld her complaints and has ordered the three officials to return her two lotto machines and fined Ablong and Lagahit.
The lotto operator said she would reopen her outlet in the city once she got back her confiscated machines.
"Justice has prevailed," Zamora said.
(September 11, 2005 issue)
Write letter to the editor. Click here.
Join the Sun.Star message board. Click here. |
|
[return to top]
[home]
[network page]
|
LOCAL NEWS
BUSINESS
OPINION
SPORTS
LIFESTYLE
FEATURE
|
