By Perfecto T. Raymundo Jr.
MANILA, July 21 (PNA) — The magistrates of the Supreme Court (SC) cited on Tuesday the technical infirmity of the petition filed by the Knights of Rizal (KOR) against the construction of Torre de Manila.
The SC noted that the KOR filed a petition for injunction when under the 1987 Constitution and the Rules of Court, taking an action on a petition for injunction does not fall in the original jurisdiction of the SC.
Because of this, the magistrates questioned the petitioners why they directly filed their petition before the SC rather than filing it before a lower court.
They said it appears that the KOR resorted to wrong form of remedy.
The magistrates added that the petitioners also chose a wrong forum in filing the case.
Aside from the nature of petition, the allegation of KOR that Torre de Manila is only a “nuisance” based on the definition of Article 694 of the Civil Code was also repeatedly mentioned.
The justices pointed out that the determination of whether Torre de Manila is a “nuisance” can be considered as “factual issue” which is also not proper to be deliberated upon in the SC because the highest court of the land is not a “trier of facts.”
They also said that the determination of whether the project is a “nuisance” requires a trial which should be brought before a lower court.
Likewise, Acting Chief Justice Senior Associate Justice Antonio T. Carpio said that the Court has converted the nature of the case of the Knights of Rizal from being an “injunction” to a “mandamus” so that the SC will have jurisdiction over the case.
Because of this, Carpio said, the case is in danger of being dismissed or remanded to a lower court for the conduct of a trial.
Carpio also ordered the camp of the petitioners to reply in detail the issue in the memorandum they will submit.
The oral arguments adjourned before 5 p.m. and will resume on Aug. 4, 2015, where the camp of the respondents will present their arguments. (PNA)