CEBU, Philippines - The Regional Trial Court has denied the petition of Cebu City residents who occupied the Citi Center Complex supposedly to stop the demolition of the complex.
Judge Soliver Peras said the petitioners failed to show “a right in esse or a clear and unmistakable right to be protected; a violation of that right; and that there is an urgent and permanent act and urgent necessity of the writ to prevent serious damage.”
A few months ago, the petitioners through lawyer Benjamin Militar requested the court to stop the demolition by issuing a temporary restraining order. Named respondents in the petition were Mayor Michael Rama, Raquel Arce, chief of the Prevention Restoration Order Beautification Enhancement Division; Kamagayan Barangay Captain Raquel Avila; and Councilmen Rene Roy Avila, Mansueto Avila, Jerome Avila, Rico Ramirez, and Norbeto Diaz.
The area where the complex used to stand has been cleared but former occupants continue to request the city government to allow them to rebuild their houses.
“The court may motu propio dismiss a petition or complaint when it appears from the pleadings or evidence on record that it has no jurisdiction over the subject matter of the case,” the argue.
The court ruled, however, that “the project involved in the present case is an infrastructure project which cannot be enjoined under Republic Act No. 8975.”
R.A No. 8972 provides that no court, except the Supreme Court, shall issue any temporary restraining order, preliminary injunction or preliminary mandatory injunction against the government, or any person, or restrain or prohibit or compel the acts stated therein, which would adversely affect the expeditious implementation and completion of government infrastructure projects.
“It is beyond dispute that the crux of the instant case is whether or not the Honorable Court may enjoin the demolition of the Citi Center Complex and compel the respondents to restore the petitioners in their occupation of the said properties,” the decision reads. — (FREEMAN)