Miaque's businesses at Iloilo Airport demolished
Tension rose at the Iloilo Airport in Mandurriao district yesterday after court sheriffs accompanied by a demolition team implemented a court order to dismantle disputed properties of businessman and newspaper publisher Bernie Miaque.
The writ of demolition was served yesterday morning by Sheriff Winston Eguia and Johnny Tugado, sheriff-in-charge of the Branch 3 of the Municipal Trial Court in Cities. They were accompanied by several other sheriffs from the various Regional Trial Courts.
The team of sheriffs were accompanied by around 200 members of the demolition team carrying hammers and other carpentry gadgets.
The team was tasked to demolish Miaque's businesses in front of the Iloilo Airport in Mandurriao--a restaurant, pasalubong center and the editorial office of the Daily Informer.
Police and court sheriffs disarmed and arrested two security personnel of Miaque after they allegedly pointed their firearms at the demolition team and tried to prevent the implementation of the court order. (See related story)
Members of the demolition team were removing the roofing of the Bernie's Place and Refreshment, around 100 meters in front of the airport terminal, when they suddenly scampered and got off from the roof shouting that armed men were pointing their guns at them.
Policemen led by Senior Insp. Orly Gabinete, Mandurriao District police chief, arrested Reynante Colonia and confiscated his shotgun after members of the demolition team identified him as the one who pointed his firearm at them. Colonia is a member of the Miaque-owned Big Lens Security Agency.
Court sheriffs also arrested Arlan Ruego and confiscated his 45-caliber hand gun after he allegedly blocked the demolition team from entering a building subject for demolition.
Miaque was not present when the demolition was made. Only his brother Ronie, operations manager of the Bernie's Group of Companies (BGC), tried to negotiate with the demolition team.
The operations of the airport remained normal despite the demolition said Alan Java, Air Transportation Office manager in Western Visayas.
"Everything is under control. We only suffered minor inconvenience at the pre-departure area (where a souvenir and gift shop kiosk operated by Miaque was dismantled)," Java said in a telephone interview.
The demolition order was implemented after the Iloilo Regional Trial Court issued an order dated April 30 denying the petition for the issuance of a temporary restraining order (TRO) sought by Miaque against the enforcement of various court orders to vacate the properties owned by the Air Transportation Office (ATO).
"…Petitioner failed to show proof that it has any existing right, clear and unmistakable, to hold the implementation and enforcement of the assailed orders," said RTC Branch 35 Presiding Judge Fe Gallon-Gayanilo in her order.
Gayanilo noted that judgment in the case has become "final and executory" since the case was transferred from Municipal Trial Court in the Cities (MTCC) Branch 3 to RTC Branch 24, Court of Appeals and until the Supreme Court.
Lawyer Virgilio Teruel, one of Miaque's legal counsels, they will exhaust all legal measures to question the demolition. He said they were not given enough time to question the demolition order because it was implemented a few hours after they received the order denying the issuance of a TRO.
The MTCC Branch 3 on April 24 issued a notice of demolition against the properties occupied by Miaque for unlawful detainer. The court gave Miaque three days from receipt of order to demolish the structures.
An unlawful detainer lawsuit is a suit brought by a landlord to obtain possession of rented property and receive payment of back rent.
Aside from the restaurant, the demolition order also covered Miaque-s gift shop kiosk inside the pre-departure area and the area used by his porterage service business.
In his order issuing a special order of demolition dated April 4, Judge Alexis Zerrudo of the MTCC Branch 3 said that "despite the reasonable time fixed by the court, the defendant failed to remove and or demolish the permanent improvements made by said defendant on the land subject of this case…"
The case stems from a case filed by the ATO against Miaque to regain possession of around properties covering around 3,000 square meters.
The Air Transportation Office and businessman Bernie Miaque are locked in dispute over lots totaling 3,000 square meters in the Iloilo City airport.
Miaque has been operating various businesses at the airport since 1989. Then airport manager Edmundo Gerochi issued a concession permit to Miaque to operate a paid parking space and taxicab and limousine service for 15 years.
But the ATO has claimed that Miaque has not paid the rental for the lots. This has been repeatedly denied by Miaque
On May 27, 2002, the MTCC Branch 3 issued a decision finding Miaque to be "unlawfully detaining" the properties.
The court ordered Miaque to vacate the 800-square-meter area occupied by the Bernie's Place and Refreshment fronting the terminal.
It also ordered Miaque to pay the ATO the a total of P467,397.68 as of October 2000 which includes rental and concessionaire privilege fee from November 1986 to October 2000 (P460,060.70), additional differential billings from January 1990 to July 1993 (P4,658.60) and interest charges from January 2000 to October 2000 (P2,678.38).
The court had also ordered Miaque to vacate the 310-square-meter restaurant/gift shop inside the terminal and to pay rentals and concessionaire fees from January 16, 1992 to October 15, 2000.
Miaque was also ordered to vacate the area of his porterage service and pay ATO the tender officer fee from March 1992 to October 2000 amounting to P108,997.07.
(With reports from Maricar Calubiran)