Court orders developer to remove Makati road barriers

MANILA, Philippines - The Makati Regional Trial Court Branch 56 has ordered Picar Development to remove the boom gates, buses and other motor vehicles that it had used to barricade a contested common road at the former International School grounds near Kalayaan Avenue.

In a four-page order dated January 16, Judge Bonifacio Pascua granted the prayer for the issuance of a temporary restraining order (TRO) filed against Picar Development by Century City Development Corp. (CCDC), co-owner of the contested road.

The court order required Picar Development “to immediately remove its boom gates, buses and other motor vehicles, and any other obstructions that it placed on the co-owned road”.

Additionally the TRO ordered Picar “from blocking or barricading the co-owned road” and “from committing any and all acts that would prevent CCDC from accessing and passing through the co-owned road and from exercising any of its rights as a co-owner.”

The subject road is situated on a property formerly occupied by the International School in Kalayaan Avenue. CCDC owns 3.4 hectares or 72.5-percent of the 4.8-hectare property and has a total of eight residential, office and retail developments in the  portion. Picar owns 1.4 hectares or 27.5 percent.

However, according to the CCDC, despite the court's order, and despite its issuance by the court sheriff, Picar Development has yet to remove the barricades.

Last month, CCDC implemented improvement works on the commonn road for the residents and tenants who currently reside and work in the Century City development. These works comprise the installation of street lights and landscaping works.

CCDC said the road works were previously approved by Picar in a letter dated October 2013, but actual works were stopped by Picar personnel in several confrontations in December.

According to the CCDC, Picar barricaded a portion of the common road that leads to Kalayaan Avenue using buses, boom barriers and other motor vehicles. The barricade blocked off one of the two road access points in the Century City development, CCDC said,

Earlier this month, the same court gave a temporary order to CCDC to suspend its works while it completes its hearings and review of evidence. The order lapsed Thursday.