In a one-page resolution dated April 30, the second division of the Supreme Court (SC) ordered the city government, through incumbent Mayor Joey Marquez, to "maintain the status quo... and cease and desist from proceeding with the public auction sale of petitioner’s properties."
A public auction, the third this year in the city, had been scheduled for today.
City legal officer, lawyer Leo Luis Mendoza, told The STAR the city government would "immediately" file a motion to lift the TRO.
Mendoza said he received a copy of the order from Baguio City, where the justices are now holding session, last Monday.
He pointed out that the auction would still be held today, excluding the properties of Olivarez.
For his part, the former mayor said "justice was served" with the SC’s granting of a TRO.
Olivarez failed to get a TRO from a Parañaque City court, prompting him to seek one from the High Court six months ago. Olivarez claimed the city government refused his offer to pay 25 percent of the total arrears to keep his properties off the auction block, as mandated by law.
He claimed the auction was "plain political harassment." "They know I am running for mayor (in 2004)."
in the 1995 local election, Marquez, then the vice-mayor, defeated Olivarez who had been the local chief executive for three years. Marquez, however, is on his third and last term as city mayor.
Olivarez said he tried to negotiate and clarify with the City Treasurer’s Office over his total tax obligation, but to no avail.
He believes that he only has P10 million to P20 million in unpaid realty taxes, and not P40 million as claimed by the city government.
Included in the auction block is the Olivarez General Hospital in Sucat, which the former mayor said should be exempted from taxes.
Mendoza, however, said the auction was "based on the land where the hospital was built."
"We are not taxing hospital and school," he clarified.
Mendoza defended the mayor, saying the auction "had nothing to do with politics."
"It’s not for any political reason. Parañaque has been at the forefront in the implementation of tax collection. It has been diligent in seeking delinquent taxes. Now is the time to be accountable, to pay one’s taxes," he said.
In recent months, Parañaque has auctioned off government properties such as huge portions of the Ninoy Aquino International Airport (NAIA) Terminal 1 and the Public Estates Authority (PEA) land.