Sentence of the civil court of Puerto Plata orders the Procurator to give the help of the public force in Encuentro
By caba8255 - February 15,
Judge Nassin Ovalle on the descent of the Encuentro beach
The Procuratoria of Puerto Plata failed the sentence 271-2018-SSEN-00588 of September 26, 2018 where they had to give the help of the public force to open the old road of Encuentro beach. The sentence came out in favor of the association APRODELAPEN that defends the old road of Encuentro that gives access to the beach Encuentro famous for surfing.
The Calpe company in its desire to privatize the beach, closed the old road, illegally evicted surf schools and built 4 schools that operate illegally on Encuentro beach. All that in the 60 meters public domain.
In front of a procuradoria that does not want to act, the attorneys José Ramón Valbuena Valdez and José Alejandro Jiménez Almonte filed a complaint against the Puerto Plata attorney's office to force the attorney general to comply with the public force.
The Calpe company made a voluntary intervention for this process and Judge Nassín Eduardo Ovalle Estévez declared null and void the procedural actions of Luis E. Peláez Esterlin and Luis A. Peláet Esterlín, and / or Mr. Sigud Sandvik, for not have the due power to act in justice.
The ruling in the referral lawsuit favors the APRODELAPEN association and orders the attorney general to give the assistance of the public force and an astreinte of RD 3,000 to the prosecutor Oswaldo Bonilla as of 3 days after the sentence is notified.
FAILURE :
FIRST: as to the merits, it partially welcomes the demand in referral in concession of public force, and consequently, orders the Fiscal Procurator of the Judicial District of Puerto Plata to arrange the assistance of the public force , to the now demanding party, to order to carry out the total execution of sentence number 271-2018-SSEN-00588, dated 26-9-2018, issued by the First Chamber of the Civil and Commercial Chamber of the Court of First Instance of the Judicial District of Puerto Plata .
THIRD: imposes the Prosecutor of the Judicial District of Puerto Plata, Lic. Osvaldo Bonilla Hiraldo, the obligation to pay an amount of only Three Thousand Dominican Pesos (RD $ 3,000.00) , for each day left without complying with what is ordered in the first ordinal of the present decision, from the three calendar days after notification of this decision.
That ruling is a victory for the community of Cabarete that has always been harmed by private investors in complicity with corrupt authorities.