Court grants plea for I.T. Park fence to stay

CEBU, Philippines - The Regional Trial Court has granted the writ of preliminary injunction asked by Cebu Property Ventures Development Corporation and AsiaTown IT Park Association Inc. to stop the demolition of CPVDC’s perimeter fence.

Branch 10 Judge Soliver Peras said CPVDC and AITPAI, formerly known as Cebu Civic and Trade Association Inc., have been able to sufficiently prove the need for the issuance of the writ while the main case is being heard.

“This court finds that plaintiffs have sufficiently proven the need for the issuance of the writ of preliminary injunction,” read the eight-page order.

Peras barred Fillinvest Land Inc., engineer Allan Alfon, Megawide Construction Corporation, engineer Nazareno Abalos, and the City of Cebu from demolishing the old perimeter fence, the second perimeter fence or any acts that would cause destruction of the fences.

Peras likewise, ordered plaintiffs to post P100,000 bond to cover any expenses.

The CPVDC and AITPAI have earlier filed a civil case for injunction before the court to stop FLI and company from demolishing the perimeter fence which separates their property from FLI Cebu Cyberzone Project. The perimeter fence is located along W. Geonzon Street inside the Cebu I.T. Park in Barangay Apas.

CPVDC and AITPAI said d the perimeter fence cannot be declared as a “public nuisance” and that they have the clear legal rights to protect their property.

They added that the city government declared the perimeter fence a public nuisance without gi-ving them the opportunity to defend which deprived them of due process.

FLI, on the other hand, argued that the subject fence has already been declared as a public nuisance and that plaintiffs failed to prove that the two walls are inside the boundaries of their property.

It likewise said there was no irreparable injury that will be suffered by the plaintiffs in case demolition of the perimeter fence will take place.

Peras, though, gave more weight to CPVDC and AITPAI’s arguments.

 “These BPO companies within the Cebu IT park continuously rely on the communications facilities therein, such as underground fiber optic cables and wires which are connected to a metal communications box owned by the Globe Telecom, located along the plaintiff strip beside the concrete perimeter fence inside Road Lot 1 of plaintiff CPVDC,” read the order reads.

It added that a metal communications box, which is used to provide communications services to the BPO companies, would be exposed and the destruction of the perimeter fence will remove its security, Likewise exposing it to construction activities by FLI.

“Removing the metal communications box to another location or the exposure of the said box to construction activities may result in disruption of the communication services being provided by said metal communication box,” the order further reads

Peras likewise noted the resolution of the Pro-vince of Cebu stating the demolition of the perimeter fence would “gravely inimical to the interests of the province in its project with Filinvest and its interest in CPVDC and to the interest of the Cebuanos.” (FREEMAN)