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Thursday, April 06, 2006
Miaque appeals Zerrudo decision, seeks TRO to 'stop' ejection
By Jay Dooma Balnig
AFTER the implementation of the writ of execution issued by Judge Alexis Zerrudo, businessman Bernie Miaque appealed before the Regional Trial Court (RTC) and sought its issuance of a Temporary Restraining Order (TRO).
Miaque, in contesting the decision of Zerrudo of Municipal Trial Court in Cities before Judge Edgar Catilo of RTC 24, claimed that the court must issue a TRO to prevent the execution of Zerrudo's order.
These despite of the implementation of the sheriffs from MTCC of Zerrudo's order of ejection from the airport domain that's subject of civil case filed by the Air Transportation Office (ATO).
The subject of implementation is the recovery of Miaque's paid parking area in front of Iloilo Airport, Car Wash and the Security Academy building.
Shireffs deputized by the court and Clerk of Court head, lawyer Gerry Sumaculob headed by Winston Eguia implemented the said ejection last Friday noon that resulted to a chaos and subsequently, the turnover of said property from Miaque to ATO management.
The Car Wash and Security Academy building were also padlocked by the ATO management after executing an acknowledgement between ATO and the Sheriffs to signify the turnover of the recovered property.
Sheriffs also executed their return of property receipts, which contained the itemized properties duly turned over to ATO as subject of ejection on recovery of property under the unlawful detainer case of ATO vs Miaque.
Catilo conducted Wednesday an ocular inspection in the said subject properties.
From Miaque's point, the ejection is not valid thus he is still asking from the court for the issuance of TRO.
(April 6, 2006 issue)
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