Court nixes dam­age claim vs. city on failed de­mo­li­tion bid

Sun.Star Baguio - - TOP STORIES - – Aileen P. Re­fuerzo

THE Re­gional Trial Court Branch III here dis­missed the claim for dam­ages of an owner of a com­mer­cial build­ing at Wright Park against city govern­ment of­fi­cials over a failed bid to de­mol­ish his struc­ture in 2014.

In a 13-page de­ci­sion dated Oct. 4, 2017, RTC Branch III Judge Em­manuel Ca­cho Ras­ing said the court could not award dam­ages to plain­tiff Ni­co­las “Bong” Cawed for lack of grounds of li­a­bil­ity.

The case stemmed from the de­mo­li­tion or­der is­sued by the city govern­ment in 2014 on the com­mer­cial build­ing owned by Cawed af­ter Cawed un­der­took ren­o­va­tions with­out any build­ing per­mit.

The court ear­lier granted Cawed’s pe­ti­tion for is­suance of a tem­po­rary re­strain­ing or­der not­ing that the de­mo­li­tion or­der in­cluded the en­tire struc­ture rather than only the ren­o­va­tions be­ing ques­tioned.

Af­ter the court’s or­der, the city of­fi­cials recalled the de­mo­li­tion or­der which prompted the court to de­clare Cawed’s ap­pli­ca­tion for in­junc­tion moot and aca­demic

leav­ing only the claim for dam­ages un­re­solved.

The court said that al­beit it ap­pears that there was an “er­ror in judg­ment” in the is­suance of the de­mo­li­tion or­der, there was “no ev­i­dence of mal­ice, bad faith or neg­li­gence” on the part of the city of­fi­cials which could have mer­ited the award of dam­ages.

“The fact that the re­call Or­der was made, thus not forc­ing the is­sue any­more sig­ni­fies the ab­sence of mal­ice or bad faith. It was a can­did recog­ni­tion made im­pliedly that some­thing was amiss,” the court said.

The court also said there was no vi­o­la­tion of con­sti­tu­tional right to due process based on ev­i­dences and that the city of­fi­cials’ ex­er­cise of power to is­sue de­mo­li­tion or­der was backed by laws.

Fur­ther the court said there was also no fac­tual ba­sis in award­ing mo­ral and ex­em­plary dam­ages as there was no ev­i­dence pre­sented to prove such.

Newspapers in English

Newspapers from Philippines

© PressReader. All rights reserved.