Case filed vs. judge, sheriff to stop demolition

A barangay Tejero resident, whose house stands to be demolished very soon, yesterday sought an injunctive relief from the court by filing a civil case against a Municipal Trial Court judge and his court sheriff to avert the demolition scheduled next week.

Rizalina Tirol filed a case for injunction with prayer for an issuance of a temporary restraining order against MTCC branch 7 Judge Francisco Seville, court sheriff Nemesio Manulat and the heirs of Zoilo Solon to stop the scheduled de-molition on April 29.

Seville ordered on March 12 the demolition of the houses built within the 828-square-meter lot claimed by the heirs of Zoilo Solon following lengthy court litigations since 1997.

The complainant lost in their legal battle with the courts all the way up to the Court of Appeals prompting them to bring the venue to the Department of Environment and Natural Resources by filing an administrative complaint against the claimants of the lot praying for the cancellation of the Miscellaneous Sales Application.

The complainant contended that the MSA is questionable and that the case is still pending before the DENR.

According to the complainant, should the demolition order be implemented on April 29 as scheduled, she will be suffering irreparable damage and should the DENR decide on her favor.

If the DENR ruled to cancel the MSA awarded to the heirs of Solon it would tantamount that the lot that they are currently occupying is a public lot.

The complainant said that the judgment on the ejectment case is conclusive only to possession and not conclusive involving title or ownership.

The complainant prayed for a 72-hour temporary restraining order against Seville and the sheriff to prevent “great irreparable damage” to them. — Fred P. Languido/MEEV