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Thursday, March 30, 2006
Sheriff to proceed with eviction today By Jay Dooma Balnig
SHERIFF Winston Eguia and three others deputized by the court are scheduled to implement the ejection of Bernie Miaque from his properties in Iloilo Airport Thursday.
Eguia confirmed that he already confirmed the deployment of police organized by Iloilo City Police Director Norlito Bautista to assist them during the said implementation of ejection.
The sheriff clarified that they will serve and implement the two ejection orders from the court, one from Judge Danilo Galvez of Regional Trial Court 24 and one from Judge Alexis Zerrudo of Municipal Trial Court in Cities Branch 3.
The properties subjects of ejection under Galvez's order are the Bernie's Place located across the Iloilo Airport Terminal building, the 310 sq. meter stall inside the terminal building and the porterage office.
Eguia added that aside from the said properties, they will also serve the writ of execution issued by Zerrudo and that covers the paid parking area, the new building for Miaque's security academy and the car wash building.
Illegal
Miaque however said sheriff Equia must inhibit himself while questioning the said execution.
Miaque stated that the said implementation of court order is illegal and harassment by certain persons.
He said, he is not going to allow the sheriffs to implement illegal orders.
When asked on what will happen if the sheriff is determined to eject him from his place, Miaque answered, "We will resist and defend our right till death."
Re-issue notice
Meanwhile, lawyer Rex Rico, counsel of Miaque, said that the counting of the five-day period given by the court for them to vacate the properties should have started last March 27, the day when the court denied their motion for consideration.
"That notice to vacate cannot be effective because there was a pending motion. So, the determination if it should be enforced or not should be reckoned on the date that our motion was denied. There is a need to re-issue a new notice to vacate," Rico said in a radio interview yesterday.
Assist
Bautista on the other hand, confirmed that he received two orders from the court to provide police personnel who will assist the sheriffs today.
The police team is composed of ICPO cops, Iloilo City Mobile Group and the personnel from Mandurriao Police Station./JDB/KVC
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