A.M. NO. RTJ-06-2002 - ROCKLAND CONSTRUCTION CO., INC., REPRESENTED BY EMMANUEL ZAPANTA, COMPLAINANT, VS. JUDGE MARIANO M. SINGZON, JR., REGIONAL TRIAL COURT, BRANCH 67, PASIG CITY. DECISION - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the petition is hereby ordered dismissed and considering that the lease period between petitioner and respondent Mid-Pasig has evidently expired without being renewed, this Court takes note of the fact that petitioner has lost its possessory right over the subject property it occupies. In view thereof, the petitioner is directed to henceforth refrain from exercising any possessory right over the subject property." On 28 September 2004, Rockland moved for the reconsideration of the foregoing Resolution. Meanwhile, on 14 October 2004, almost a month after the issuance of the said Resolution, Pasig Printing Corp. (PPC) filed a Motion to Intervene (in SCA No. 2673) together with its Answer-in-Intervention as defendant in the said case. It likewise asked for the immediate execution of the Resolution dated 17 September 2004 and prayed that "...should petitioner [Rockland] continue to fail and refuse to obey said Resolution, the Sheriff of this Court be authorized to 'padlock' the subject premises to facilitate the implementation of said Resolution." Rockland opposed the foregoing Motion on 28 October 2004. The parties thereafter filed several other pleadings before Judge Singzon. On 12 November 2004, Judge Singzon issued an Omnibus Order, with the following dispositive portion: "WHEREFORE, premises considered, the Motion for Reconsideration [of Rockland], dated September 27, 2004, is denied and the dispositive portion of this Court's Resolution, dated September 17, 2004, is hereby reiterated and re-affirmed. "Moreover, the instant Urgent Motion to Intervene filed by Intervenor Pasig Printing Corporation, is hereby granted. Likewise, the prayer for immediate execution of the Resolution of this Court, dated September 17, 2004, is also hereby granted. "Consequently, pursuant to the Intervenor's prayer, the Court's Sheriff is hereby directed to implement forthwith the subject Resolution, dated September 17, 2004, employing reasonable force, if necessary, including the padlocking of the MC Home Depot premises located at Ortigas Avenue corner Meralco Avenue, Pasig City, Metro Manila and make the corresponding return thereon immediately. Let the Clerk of Court issue the corresponding Writ of Execution for the implementation of subject Resolution, dated September 17, 2004. "SO ORDERED.