In a two-page order, Branch 143 Judge Zenaida Laguilles said the case filed by Jemah Ads, Inc. will have to go to trial in order to determine if the government should or should not tear down their structure.
The court noted that it had issued a status quo order on Dec. 22 based on arguments raised by the DPWH with respect to the need to dismantle the billboard.
However, Laguilles said there is a need to further examine all arguments raised by both sides.
The DPWH, in its answer to the complaint, said the structure is within the road right of way of the Guadalupe Cloverleaf and is violating building regulations.
It noted that even if Jemah Ads, Inc. had a contract with the Makati City government, the same would be null and void because it is contrary to law.
The court said there is a need to resolve several issues including the question of whether or not parks are covered by so-called road right of way.
Laguilles said it is issuing a writ of preliminary injunction in favor of the advertising company and is increasing the bond to be paid by the DPWH to P1 million.
She scheduled a pre-trial conference on Feb. 28 in which representatives of the firm and the DPWH will come face to face in court.
The DPWH and the Metro Manila Development Authority started tearing down billboards along EDSA last year after typhoon Milenyo’s strong winds destroyed two in Makati City, one of which killed a motorist. The other collapsed on a passenger bus, hurting several people.
Advertising firms went to court in an effort to stop the government from tearing down their billboards, insisting that they secured proper permits and erected safe structures. – Michael Punongbayan