Demolition of houses in Muntinlupa resumes
The demolition of houses in an area in Barangay Cupang, Muntinlupa resumed after a court did not admit the city government’s urgent motion to stay execution.
The civil case of Domingo Realty and Ayala Steel Manufacturing against the heirs of Antonio Acero, David Victorino and others came to an end when the Pasay Regional Trial Court Branch 115 issued an order regarding the court-ordered demolition of houses in Immaculate Concepcion Compound in Cupang.
“However, this Court has not received any restraining order or prohibition, in connection with this case, from the Honorable Court of Appeals, as such, the staying of the execution is without legal authority and basis,” the Pasay court ruled.
In addition, the court said it will no longer entertain any motion or filing with regard to the case.
“As such. since it is ministerial upon this Court to enforce a final and executory judgment, no similar motions and filings that intend to impede this Court's duty shall be entertained,” it said.
The court expunged from records the urgent motion to stay execution filed by the Muntinlupa City government, ruling that it was not a party to the case.
“As to the Urgent Motion to Stay Execution, considering that the City Government of Muntinlupa is not a party in this case, the same is hereby Ordered expunged from the records,” the court stated.
Last month, the Muntinlupa City government filed the motion with the court after Mayor Ruffy Biazon “conducted a surprise inspection on the properties subject matter of execution and personally witnessed the tension therein, and even received reports of harassment committed by security guards presumably hired by the Plaintiff for the purpose of implementing or enforcing the Special Order and/or execution of judgment of this Honorable Court.”
The city government stated that Biazon “found lack or absence of definite plan of action and/or preparation, particularly as regards, the accountability of the security guards, in the guise of implementing or enforcing the Special Order and/or execution of judgment of this Honorable Court.”
In the order, the court reminded the city government of Section 3 of Republic Act 3019 (Anti-Graft and Corrupt Practices Act), stating it may be held liable for interfering in the demolition.
Section 3 states that unlawful practices of public officers include “persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded. Induced, or influenced to commit such violation or offense.”
The court stated that based on records, the case dated back to November 1981 when a case for "Rei Vendicacion, Plus Damages, With Preliminary Prohibitory Injunction," covering lands measuring 26,705 sq. m., was filed by Domingo Realty against Acero and others before the Pasay Regional Trial Court Branch 111.