Talisay lot occupant gets court reprieve on demolition of house | Inquirer News

Talisay lot occupant gets court reprieve on demolition of house

/ 07:57 AM February 04, 2012

AN occupant of one of the lots claimed by lawyer Raul Sesbreño got a court reprieve yesterday.

Regional Trial Court Judge Gilbert Moises of Branch 18 ordered the suspension of the demolition of the house of Jordan Aznar in barangay Lawaan, Talisay City.

The judge has yet to resolve the pleading filed by settlers who want him to set aside the writ of demolition issued against them.

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Sesbreño’s wife and two companions were shot down by two motorcycle-riding men in the South Coastal Road in Talisay City, last Wednesday.

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The judge gave Sesbreño three days to comment on the motion to quash the writ of demolition.

Sesbreño got a favorable decision from the RTC when it issued the demolition order.

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Sheriff Constancio Alimurong started implementing the orderlast Feb. 1.

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The Municipal Trial Court in Cities (MTCC) in Talisay City earlier dismissed the civil suit Sesbreño filed against the settlers of the lot in barangay Lawaan, Talisay City but the case was elevated to the RTC.

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RTC Judge Douglas Marigomen of Branch 5, who once handled the case, reversed the MTCC’s ruling and declared the settlers as “illegal occupants of the land in question.”

In his ruling, Marigomen took into consideration a court order issued on Aug. 29, 1989 in the case entitled “Estate of Vito Borromeo, Jose Palma, administrator.”

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The Borromeos hired Sesbreño as legal counsel. Sesbreño claimed to be the co-owner of the properties that belonged to the Borromeos.

Judge Marigomen was requested by the settlers to inhibit from the case, citing partiality in favor of Sesbreño.

The judge heeded the request of the settlers. The case was raffled off to Judge Moises who issued a writ of demolition.

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Earl Bonachita, president of the Integrated Bar of the Philippines Cebu City chapter, called on the police to catch the perpetrators and mastermind. Reporter Ador Vincent Mayol

TAGS: demolition

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