A NEW judge will decide on the motion of Dagupan Sangguniang Panlungsod (SP) Secretary Ryan Ravanzo citing Mayor Benjamin Lim and members of the disposal committee in contempt for proceeding with the sale of the MC Adore International Palace even when a case is still pending with the court.
Lawyer Borromeo Bustamante, counsel of Ravanzo, said the new judge of Branch 40 is Servin Samadan who recently replaced Judge Emma Torio of Branch 41, acting judge of Branch 40 when the post became vacant.
The motion of the petitioner also seeks to declare as null the sale made by Lim on MC Adore property on January 7, 2013, four days after the lapse of the Temporary Restraining Order (TRO) issued by the court as the case was still up for resolution.
The original case is a petition for declaratory relief regarding the validity of the resolution passed by nine city councilors on April 20, 2012 when Vice Mayor Belen Fernandez, chair of the SP, was in the United States.
The resolution authorizes Lim to initiate the sale of MC Adore and the city’s property in Barangay Talibaew in Calasiao.
The original petition has yet to be resolved in court.
On the petitioner’s motion to cite Lim in contempt and to declare the nullity the sale of MC Adore, the respondents have submitted their counter-affidavit.
Ravanzo has decided not to file a repoly to the counter-affidavit since he believed the petition as submitted already addressed the objection filed before the court.
In an interview, Bustamante said he will consult with the petitioner on what action they will take as they noted that Lim has already ordered the clearing of MC Adore of ambulant vendors preparatory to enclosing it for renovation by the buyer ahead of the resloution of the petitions filed before the court.