QC court asked to reverse decision closing Cloverleaf market
The Balintawak Cloverleaf Market Corporation (BCMC) on Friday asked the Quezon City Regional Trial Court (QCRTC) Branch 98 to reverse its decision affirming the validity of the cease and desist and closure order issued against them by the Quezon City government.
In its motion for reconsideration, BCMC through counsel former Representative Edcel C. Lagman maintained that BCMC’s proprietary rights have been violated by the closure order of the local government.
“Respondents acted with grave abuse of discretion in precipitately ordering the closure of the BCMC,” Lagman said.
Lagman insisted that they have substantially complied with the requirements for the operation of a private market for the past 50 years.
However, QCRTC Branch 98 Judge Marilou Runes-Tamang, in her decision said BCMC have conducted repairs in the market but failed to secure the necessary permits for its operations.
“True, there was compliance by petitioners in effecting repairs in the Balintawak Market in answer to the demand of the respondents to correct or rectify structural defect in the subject building. But this compliance appears to be a mere icing on the cake,” the court said.
“The compliance notwithstanding, unfortunately, petitioner still has not procured the major permits necessary to continue operation,” the court added.
The court said that Mayor Herbert Bautista did not commit grave abuse of discretion in ordering the closure of Cloverleaf market.
“It is part of the mayor’s duty to order the closure of businesses illegally operating in his area,” the court said. RAM
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