| Posted by msese
Feb 28, 2007 12:41 am |
Judge Angelene Mary Quimpo-Sale of the Metropolitan Trial Court Branch 32 dismissed the case filed against the staff of the Metropolitan Manila Development Authority (MMDA) for demolishing the stall of a sari-sari store owner in 2005.
Gloria Fenol, who owns a stall in Cubao, previously filed the complaint where she said that the MMDA’s Sidewalk Clearing Operations Group SCOG) dismantled her stall and confiscated her goods on Feb. 03 of 2005. Fenol also accused four members of the SCOG of mauling her and her son Ferdinand in the course of the clearing operation, and her stall was again dismantled when she reopened her store the next day.
However, Judge Quimpo-Sale cleared Bobby Esquivel, SCOG head, as well as his men of any liability, stating that the group was authorized to clear illegal structures from public places.
Fenol’s stall was found to be an illegal structure built on a public sidewalk which was intended for public use. MMDA Resolution 02-28 is the reason behind the dismissal of the case against the defendants, where it stated that items found on prohibited public places which are used for commercial purposes shall be confiscated by the government without prior notice. Comments :
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