School exec faces suit over fence construction

A couple has filed a civil suit against an official of the Southwestern University over a fence that the school has recently constructed.

Complainants Michael Shane Damazo and his wife asked Regional Trial Court Branch 5 judge Ireneo Gako Jr. to issue a preliminary mandatory injunction against SWU's Ryan Aznar, whom they alleged had constructed a fence on a public road in barangay Sambag 1 where the school is located.

Before going to court, the complainants said they sought the assistance of Sambag 1 barangay captain Gerry Guardo on March 24 when the fence's construction had just started.

They alleged, however, that Guardo only went to see the construction site but "did not insist to stop it (the fence's construction)" because he said it had a permit from the Office of the Building Official.

But Damazo said the school "maliciously misled" the barangay captain and the residents in the area as the posted fencing permit corresponded to a fencing permit granted by OBO to a private land owned by the school and not to the road in question.

"(The) defendants cannot legally fence a public road," said Damazo in their eight-page complaint.

The complainants narrated that on March 28, they filed a complaint before the OBO to inform Aznar that the construction of the fence was a violation to Section 301 of the National Building Code.

The OBO then directed the defendant to secure the necessary permit. But he allegedly "steadfastly and adamantly refused and continued to defy" the order.

"Plaintiffs have been personally injured of the illegal fencing done by the defendants on the public road," the complainants said, adding that the public road is adjacent to the land they owned.

They also alleged that the fence blocked their business establishment that resulted to the decrease in sales.

Since the fence "obstructed" their passage, the complainants also fear that they "will be trapped inside their house in case of calamity such as fire or earthquake."

The Office of the City Planning and Development Council, after classifying the area as "city street," sought for the demolition of the fence through an order signed by Mayor Tomas Osmeña.

But the order was not implemented after SWU, through Merlo Aznar, asked for reconsideration, saying that the fence does not block the street, and that the portion of land where it was erected was part of the school property.

But the complainants said the claim of the defendant is "not correct and is contrary" to the findings of the CPDC.

In filing the case, the complainants asked the defendant to pay them P300,000 in moral damages for the sleepless nights and "mental anguish" they suffered caused by the "illegally" constructed fence, P300,000 in exemplary damages and P183,000 for attorney's fees. - Liv G. Campo