CA halts execution of SC ruling on airport concessionaire's businesses
Iloilo -- The demolition team all came prepared and ready for action. Even reporters from competing local papers and other media personalities were on the scene. Radio reports were also live on 'situationers' and countless opinions. Yet when it was finally time for real action, it was immediately over even before it actually started.
As such, the imposition of a Writ of Execution on the businesses of airport concessionaire and newspaper publisher Bernie Miaque went 'pfftt.' In what came as a belated development, Miaque managed to get the Court of Appeals (CA) to restrain Judge Danilo Galvez of Branch 24, 6th RTC, Court Sheriffs Marcial Lambuso, Winston Eguia, Camilo Divinagracia and Eric George Luntao from enforcing any previous orders.
The CA in a 60-day Temporary Restraining Order (TRO) acted on the petition for certiorari filed by Miaque finding such to be "sufficient in form and in substance."
"The respondents are hereby required to file within ten days from notice hereof a comment on the petition (not a motion to dismiss) and to show cause why the writ of preliminary injunction prayed for by the petitioner should not be issued," excerpts of the CA Resolution stated. "Thereafter the case may be considered as submitted to us for decision on the basis of pleadings and record/documents on hand."
Other than Judge Galvez and the four Sheriffs, the TRO also held true too all other persons who are out to help the group.
The Resolution was issued by the CA Special Nineteenth Division in a case docketed as CA-G.R. CEB-SP No. 01603 promulgated March 29, 2006. It was signed by Associate Justice Isaias Dicdican and concurred with by Associate Justice Vicente Yap and Associate Justice Apolinario Bruselas Sr.
Miaque was accompanied by his lawyers Atty. Rita Bascos-Sarabia and Atty. Tranquilino Gale in welcoming the arrival of the Court Sheriffs who are out to implement the Notice to Vacate.
Several of Miaque's employees in the airport also gathered around Bernie's Place to show support.
Sarabia in an interview with the media questioned the final notice to vacate saying it has not undergone due process.
She hinted that Galvez was out to harass her client considering that he has a personal grudge on Miaque.
To note, Judge Galvez on March 20, 2006 issued final notice to vacate within five days from receipt of the order against Miaque who operates several businesses in the Iloilo Airport in Mandurriao district.
The notice to vacate covers the Bernie's Place in front of the Iloilo Airport and the stall inside the airport terminal, among others.
The court order arose from the denial of the Supreme Court of Miaque's appeal on his unlawful detainer case.
The Air Transportation Office (ATO) serves as complainant in the case. ATO claims Miaque failed to pay his rentals of about P2 million from spaces his businesses occupy in the Iloilo Airport compound.
Miaque elevated his case before the highest court of the land after the local court rendered a decision favoring the ATO. It reached the Court of Appeals and later the SC.
In denying Miaque's appeal the SC said, "Considering the allegations, issue and arguments adduced in the petition for review on certiorari, the court resolves to deny the petition for lack of sufficient showing that the Court of Appeals had committed any reversible error in the questioned judgment to warrant the exercise by this court of its discretionary appellate jurisdiction in this case."