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Wednesday, March 22, 2006
Solgen to slow down on Miaque case
By Jay Dooma Balnig
THE Office of the Solicitor General through their representative does not want to rush the implementation of property of businessman Bernie Miaque after the Supreme Court (SC) junked defendant-appellant Miaque's petition.
Lawyer Ma. Almira Tumampos of the Office of the Solicitor General and counsel of the Air Transportation Office (ATO) in an interview yesterday said she prefers to wait for the final say of the SC before making any move against Miaque.
Despite the order of Judge Danilo Galvez dated March 20, 2006 directing the Court's Sheriff to implement the Writ of Execution for Miaque, Tumampos said it's better if they will just wait for the decision of the Supreme Court on the Motion for Reconsideration filed by Miaque after it junked his petition last petition last Feb. 22, 2006.
It was the Municipal Trial Court in Cities (MTCC) who originally issued the demolition order against the property of Miaque at the Iloilo Airport for non-payment of lease and rentals amounting now to around P2 million.
The ATO won at the MTCC against Miaque on the civil case of unlawful detainer.
Miaque elevated the case to the Regional Trial Court Branch 24 under Galvez but the said court ruled in favor of ATO.
While Galvez issued a writ of execution, Miaque through his counsel appealed before the Court of Appeals (CA) in Cebu City.
The CA however sustained the ruling of MTCC and RTC on its decision.
Defendant Miaque filed his Motion for Reconsideration before the CA but this was denied.
He then elevated this to the SC by filing a Petition for Review but this was subsequently denied based on the SC ruling dated Feb. 22, 2006.
Miaque then filed his Motion for Reconsideration before the SC, which is until now pending for resolution.
While the motion for reconsideration of Miaque stays at the SC, Judge Galvez last March 20, 2006 issued a four-page order for the implementation of writ of execution against Miaque.
The sheriff task for the said implementation issued a five-day grace period for Miaque to vacate the place upon receipt of Galvez's order.
A copy of Galvez's order was already served yesterday through Miaque's counsel, lawyer Rex Rico.
But the Solicitor General however preferred to refrain from implementing the demolition until the SC resolves the motion for reconsideration of Miaque even if Galvez ruled that in the absence of any restraining order from higher court, the implementation will go on.
(March 22, 2006 issue)
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