Saturday, August 10, 2013

Berteni "Toto" Cataluña Causing: LAST-DITCH PLEA TO SUPREME COURT TO STOP DEMOLITIO...

Berteni "Toto" Cataluña Causing: LAST-DITCH PLEA TO SUPREME COURT TO STOP DEMOLITIO...: LAST-DITCH PLEA TO SUPREME COURT TO STOP DEMOLITION OF POOR  HOMES By BERTENI "TOTO" CATALUÑA CAUSING This highly-sensit...

LAST-DITCH BID TO SUPREME COURT TO SAVE
POOR FAMILIES FROM DEMOLITION IN LAS PINAS

Citing that Supreme Court erred in its illogical ruling that res judicata bars annulment of judgment, I wrote the hereunder introduction to demolish this ruling with the best of my brilliance in the hope of saving poor families from demolition of homes in Las Piñas City.

This is the introduction of my motion for the SC to correct its illogical error.

Annulment of judgment case cannot be barred by res judicata. 

This doctrine of preclusion does not simply apply when the judgment that is deemed final is the one being DIRECTLY CHALLENGED. It is not like in ordinary cases where the final judgment is only collaterally attacked.

    Bluntly speaking, THERE IS NO SUCH A THING AS RES JUDICATA IN ANNULMENT OF JUDGMENT complaint.

    With this, the Supreme Court is illogical in saying the RTC did not commit grave abuse of discretion in dismissing the Annulment of Judgment complaint on the ground of res judicata.

    Having said those strong statements, the petitioners, by the undersigned counsel, respectfully move the Honorable Court to reconsider its Resolution dated June 17, 2013 and direct the respondents to file their comment to the instant Petition for Certiorari and Prohibition – and, most importantly, stop the respondents from implementing the writ of demolition of the MeTC of Las Piñas, Branch 79.

    Meanwhile, a copy of the same Resolution was received by the law firm on July 26, 2013, giving the petitioners until August 10, 2013 (a Saturday) to file a motion for reconsideration or until August 12, 2013, the first office day thereafter.  

It is noted that a copy of the first writ of demolition issued by the respondent MeTC was attached to the petition as Annex “D.”  A copy of the second writ of demolition was attached to the same petition as Annex “E.”

    Additionally, it is indispensable to enjoin the respondents from demolishing the homes of the petitioners if only to be humane to the petitioners who are being sought to be demolished and driven to the streets without any relocation site being provided.

Because it is illogical for the Supreme Court to say that the RTC did not commit grave abuse of discretion in dismissing the annulment of judgment complaint by invoking res judicata, it is begged of the Highest Court of the Land, THE LAST BULWARK OF THE POOR LIKE THE PETITIONERS, that before acting on the motion for reconsideration it issue a Temporary Restraining Order (TRO) or a status quo ante order (SQAO).

This, if the Supreme Court does not want one most inhuman act to happen: an act of demolishing homes and forcing the residents, particularly kids, to live on streets in these times of rainy days.

Demolition is one of the revolting things to happen as it is now being loathed at by the executive.

Even the Congress passed Republic Act 7279 to ease the traumatic impact of demolition whose victims are always the poor and the underprivileged.

The petitioners here are all underprivileged.

YOU MAY READ THE ENTIRE COPY OF THE MOTION AT THIS LINK:  http://totocausing.blogspot.com/2013/08/last-ditch-plea-to-supreme-court-to.html
 
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