This writ of preliminary injunction will restrain local officials from enforcing City Ordinance 00-15 (672), and, in effect, give the UBFHAI authority in manning the subdivision gates.
The ordinance issued in 2000 allowed the opening of Aguirre and El Grande gates to the public. This was preceded by a City Council resolution passed on June 1, 1999, to open to the public two roads linked to Sucat Road and to Las Piñas City.
UBFHAI president Celso Reyes said the office of the mayor has been served a copy of the writ of preliminary injunction, and that they will again be deploying their own security team in the area.
"The civil security units sent by the city government in the subdivision areas should be pulled out immediately. With the injunctive relief issued by the CA, the control of the subdivision will once more be in the hands of the association," Reyes stressed.
He likewise noted that they have posted a bond of P100,000 for the injunctive relief to take effect.
The local government of Parañaque government has a filed a motion for reconsideration before the CA.
City legal officer Gil Savedia said that in coming out with an injunctive relief, the appellate court failed to consider the arguments they earlier submitted as to why the city government should be recognized as the rightful guardian of the village gates.
Nelson Lacambra, Mayor Florencio Bernabe’s spokesman, said the city government will, however, abide by the CA’s order.
"With this development, security plans of local officials for the subdivision will be put on hold," he said.
Lacambra also noted that several residents in the area have started complaining that security could be an issue once UBFHAI retakes control of the subdivision gates.
It was late last year when the subdivision gates in Parañaque were opened to motorists after the Muntinlupa City Regional Trial Court (RTC) denied an appeal by the UBFHAI to maintain control of the subdivision roads.
Citing lack of merit, Judge Alberto Lerma of the Muntinlupa RTC-Branch 256 denied the motion for reconsideration filed by UBHFAI.
Lerma recognized "the power of the city to open roads leading to subdivisions in the exercise of police power in the interest of public welfare."