El Ciudadano
Original article: Poduje en problemas: Justicia desestimó recursos del Serviu y ordenó no realizar demoliciones en El Olivar hasta que se realice peritaje externo
The Second Civil Court of Valparaíso has dismissed appeals from the regional Serviu and ordered a halt to all demolitions in the El Olivar area of Viña del Mar until an independent expert review is conducted.
This judicial ruling is part of actions initiated by Constructora San Sebastián, which is responsible for the disputed construction process concerning Poduje.
«The ruling rejected Serviu’s opposition to a comprehensive expert report, an essential step for Constructora San Sebastián aimed at documenting the state of affairs before the formal commencement of the contract resolution trial for damages,» explained the firm’s attorney, Jaime Barrientos.
According to the lawyer, «the judge applied impeccable legal reasoning by dismissing the incidents raised by the Ministry of Housing. The work cannot be altered until the expertise is conducted, which reinforces our aim for an impartial third party to provide the court with the necessary inputs to conclude that Constructora San Sebastián complied with the project and the existing contracts.»
Barrientos also pointed out that the State Defense Council has acknowledged what any knowledgeable lawyer understands: that such expertise presumes the existence of the works, which had only been disputed by Minister Poduje, to whom we urge to apply the law and the contract.
«We are ready to liquidate the contract and discuss the contested items in the appropriate forum. Certainly, Minister Poduje will have to answer personally for the immense damage caused to Constructora San Sebastián, which is currently unjustly suspended from the contractor registry in which it is registered in category 1,» the lawyer warned.
From Congress, Deputy Ana María Gazmuri (AH) addressed the resolution, highlighting that «the State Defense Council recognized before the Second Civil Court of Valparaíso that the court’s decision prevents further demolition in El Olivar because it orders a prior expertise on the actual condition of the works.»
«This contradicts the version of Minvu, which claimed that demolitions and expert reviews could occur simultaneously,» the humanist parliamentarian alerted.
«This confirms what we have been saying: demolishing without having certainty that it is unavoidable is not the way forward for families. What is needed now is a serious, transparent, and humane solution that safeguards structural safety without further punishing those who have already suffered too much,» emphasized Deputy Gazmuri.
For the legislator, «the CDE has been clear, and the ministry has been untruthful. Another episode of institutional improvisation. Families need reparations, certainty, and a reconstruction policy that puts their dignity at the center, not bureaucratic wear and tear,» she stressed.
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