CEBU - A civil case for mandamus was filed by a homeowner association in Labangon against the Office of the Building Official of Cebu City and the barangay officials of Tisa after its fencing permit was suspended because of the complaints of five other neighboring homeowner organizations.
La Paloma Homeowners Association asked the Regional Trial Court in a petition for mandamus to issue a writ of preliminary and mandatory injunction against OBO chief Josefa Ylanan and Tisa Barangay Captain Eduardo Cabulao.
La Paloma Homeowner’s Association also named the neighboring homeowners associations of Cacao, Tambisan, Quijano Compound, Abella Compound and Active La Paloma as respondents in the case.
The complainant claimed that it was granted a fencing permit on November 23, 2007 by the OBO for the installation of a steel gate at the village’s ingress and egress point in Narra.
Prior to the issuance of the fencing permit by OBO, the La Paloma Homeowner’s Association claimed that it was also granted a barangay clearance.
However, the complainant claimed that when the construction started on April 26, the neighboring homeowner’s associations rallied against it, prompting the barangay to pass a resolution to suspend the clearance it earlier granted.
Likewise, OBO suspended the fencing permit until its expiration last Sunday. The complainant alleged that it had filed a motion for reconsideration with the OBO but the office allegedly sat on its motion, prompting it to seek judicial intervention.
According to the association, the unilateral suspension of the permit has violated its proprietary right to regulate the village’s ingress and egress point.
The complainant asked the court to declare the suspension of its permit as illegal and order the OBO to lift it as soon as possible. – Fred P. Languido/LPM (THE FREEMAN)