BSL confident court will favor Magic mall in Malasiqui

March 23, 2013 at 8:48 pm Leave a comment

By Mortz C. Ortigoza

DAGUPAN CITY – Mayor Benjamin Lim, whose family owns the Magic Group of Companies, said he was optimistic that the Court of Appeals will favor the establishment of a mall in Malasiqui town.

Lim said he was hopeful that the appellate court will uphold in his favor the case lodged against the construction of the mall at a municipal land in Malasiqui.

Recall that almost 10 years ago, one Mario Armas, a resident of Malasiqui, filed a petition for a prayer for a provisional remedy of temporary restraining order and writ of preliminary injunction against the construction of the mall.

He said the approval by the then town council was unlawful because there was no quorom when the resolution was approved.

The respondents of the case were Mayor Armando Domantay,Sr., Vice Mayor Mario Espinoza, Councilors Noel Geslani, Pedro Opguar, Roberto Sanchez, Alfredo Palaganas, Joey G. Soriano, Ildefonso Veloria, Sonny Domantay, Canuto Mendoza, Hasfe Padillar, and Benjamin Lim.

But five years ago, the Regional Trial Court in San Carlos City rejected Armas’ petition for certiorari at the CA.

Early this year the CA reversed the decision of the RTC.

Mayor Lim said that Magic Mall as a juridical entity was not involved in the case.

“Kinukwestiyon niya kung puedenna ang munisipyo magbigay ng espasyo sa aming kompanya( Armas questioned the decision of the municipal officials to lease a municipal land to the Magic),” Lim said.

Armas, who lawyers for himself, told this paper that he was elated by the decision of the CA and believed that even the Supreme Court will favor him.
Armas, a law graduate, said it was a feat on his part to defeat legal luminaries Attorneys Geraldine Baniqued who is the Provincial Legal officer, and Toti Baraan, now the undersecretary of Justice who defended the municipal officials

Entry filed under: News.

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