Court denies TRO against fencing

CEBU, Philippines - Citing no irreparable damage, Regional Trial Court Judge Sylvia Paderanga of Branch 16 denied the temporary restraining order asked by the Taboan dried fish dealers.

Paderanga, in her verbal ruling yesterday, said there was no immediate demand to issue TRO.

Likewise, she ordered the Cebu City government to file its answer, within ten days, to the injunction case filed by the dried fish dealers.

Earlier, the Taboan Dried Fish Dealer Association (TDFDA) filed a civil case for injunction to stop the Cebu City Market Authority (CCMA) from fencing the entire Taboan Public Market.

Named defendants were CCMA chairman and city administrator Jose Marie Poblete and market administrator Racquel Bohol Arce.

“Fencing Taboan Market caused a great prejudice and damage to us vendors. In fact other vendors have closed their stall because of no sales,” said Abraham Desamparado, president of the association.

Hearing

The defendants’ counsel, Eleodoro Diaz, asked the court to dismiss the case, saying it is “defective.”

He said the dried fish dealers sued the wrong persons as it was the Cebu City Engineering Department that implemented the perimeter fence and not the CCMA. CCMA only facilitated the fencing.

Diaz likewise denied the allegations of the complainants that they were not given due process because they were not informed of the fencing.

“There was a public hearing prior to the fencing and no objection was made by the vendors,” he said.

Poblete, when was asked by Paderanga if they can suspend temporarily the fencing of the market, he said it is not their office to decide because it’s the engineering office that implemented the fencing.

He said that what the city government did was for the benefit of the vendors.

“The Taboan Market is now a tourist spots…we tried our best to improve the place. In fact we answered their problem of deterioration,” he said.

Poblete said that there was a series of consultation made prior to the fencing.

He added that while the improvement was ongoing, the vendors will be transferred temporarily to smaller stalls in order for them to continue their business.

The constructor has 150 days to finish the project.

Lawyer Salvador Solima, counsel of the complainants, said they have five days to file an amended complaint, which would include Mayor Michael Rama and the city government.  (FREEMAN)