Farmers have ‘zero rights’ to oppose writ of demolition

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Wednesday, September 3, 2014

CITY OF SAN FERNANDO -- The counsels of spouses lawyer Eligio Mallari and Marcelina Mallari recently said that farmers opposing the Writ of Demolition dated June 4, 2014 over two lot parcels in Barangay Maimpis have “zero rights” over the implementation of the demolition order.

In documents furnished Sun.Star Pampanga, Mallari and the counsels said “they hope to provide the truth on the legitimacy of the implementation of the Writ of Demolition” and correct “distorted and lopsided news items and television interviews effected by interested parties working for the stoppage/prevention of structures, sugarcane, among others involving the Writ of Demolition being implemented on Lots 3664 and 3843 of the Cadastral Survey of San Fernando, Pampanga.”

Mallari and his counsels cited as “standing and in full effect” the writ issued by Judge Maria Amifaith S. Fider-Reyes of Branch 42 of the Regional Trial Court, as well as the February 25, 2014 order of demolition and the accompanying two partial reports from Sheriff Angelito Domingo of the Regional Trial Court’s Branch 57.


The lawyers also noted of the 34-year case on the 130.7999 hectares Maimpis property “being resurrected from many deaths” after the Philippine National Bank executed on July 10, 1980 a deed of promise to sell involving lots 3664 and 3843 in favor of the spouses Mallari.

“The deaths referred to are the final decisions, orders, resolutions involving cases on lots 3664 and 3843 whereby the doctrine of ‘Immutability and Unalterability’ of judgments, among others, is appropriately applicable,” the documents said, adding that in the ensuing eight years from 1981, “eight cases were filed and were all decided with finality in favor of the spouses Mallari.”

Mallari and his counsels, in their conclusion based on the case documents said “In view of the foregoing, the Writ of Demolition, dated June 4, 2014, that was issued by RTC Branch 42, City of San Fernando, Pampanga, based upon final and executory judgments/decisions/orders/resolutions, should unceasingly be implemented. The occupants on the subject properties have no rights whatsoever to prevent or oppose the implementation of the Writ of Demolition. They have zero rights.” (Sun.Star Pampanga Reportorial Team)

Published in the Sun.Star Pampanga newspaper on September 04, 2014.

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