RTC bars any move by Capitol, city and homeowners

CEBU, Philippines - Regional Trial Court Judge Douglas Marigomen denied the motion for reconsideration filed by the Cebu Provincial Government on the court’s decision barring the Capitol from making immediate moves on recovering the lot at M. Velez St. where the Department of Agriculture (DA) office is located.

Marigomen likewise denied the motion of the Cebu City Government and members of the Department of Agriculture Homeowners Association (DACBRAI) to conduct a public bidding for the construction of a new DA office.

Moreover, the judge ordered DACBRAI to stop introducing any improvement to the establishments other than necessary repairs.

Residents of the DA compound, assisted by the Cebu City Government, earlier filed a petition for injunction with prayer for a temporary restraining order against the Provincial Government after they were ordered to vacate the property along M. Velez St.

The Capitol wanted to recover the property occupied by DA-7, citing what it claims was the expiration of the usufruct agreement that limits the term of use to 50 years. Marigomen issued the writ of preliminary injunction against the Capitol on August 20, 2010.

The Capitol filed a motion for reconsideration on September 3, 2010, saying that the court failed to indicate what portion of the DA property is covered by the injunction. But the court denied the Capitol’s motion for lack of merit. Marigomen further stated that the entire property is covered by the preliminary injunction.

Meanwhile, Marigomen also ruled that the homeowners could not insist on introducing improvements within the compound because of the preliminary injunction.

“The court is constrained to enjoin the members of DACBRAI from introducing improvements to their dwellings except necessary repairs as the issue of ownership of the properties they occupy are still in dispute and this court is not closing its eyes to the possibility that the subject property will be adjudicated to defendant Province,” the resolution said. (FREEMAN)