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Wednesday, April 26, 2006
Airport legal battle moves to Court to Appeals
By Jay Dooma Balnig
THE legal battle over the unlawful possession of airport property involving a case of unlawful detention contested by Air Transportation Office (ATO) against Bernie Miaque was now raised to the Court of Appeals (CA).
Judge Edgardo Catilo during the hearing Tuesday issued an order to "held in abeyance pending the resolution of certiorari filed by Miaque against him at CA in Cebu City."
Catilo ruled the pending incidents before his court will not be given any due course for the meantime as he is still waiting for the result of Miaque's certiorari from the Appellate Court.
The change of venue stemmed when Catilo denied the motion of Miaque asking the RTC to issue a Temporary Restraining Order (TRO) against the writ of execution issued by Judge Alexis Zerrudo of Municipal Trail Court (MTC) in Cities in favor to the ATO for unlawful detaining alleging the non-payment of rentals on airport properties.
But Office of the Solicitor General counsel, lawyer Almira Tomampos stands firm on her contention that the ATO should remain in the possession of paid parking area and car wash business of Miaque.
She said that the ATO had already took over since March 31, 2006 after the implementation of the writ of execution issued by the MTC.
(April 26, 2006 issue)
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