Court junks TRO sought by Lopez-A A +A
Saturday, March 22, 2014
THE Municipal Trial Court in Cities Branch 5 presided by Judge Remegio Rojo denied the petition filed by the Dynasty Agricultural Corporation for a temporary restraining order (TRO) against the use of the sanitary landfill by the city government in the property purchased by the previous administration from the Lopez family.
The petition for the issuance of a TRO and an injunction was included in a civil case for forcible entry filed by the Lopez-owned firm against the City of Bacolod as represented by Mayor Monico Puentevella.
The plaintiff sought to stop the dumping of waste matter in the sanitary landfill situated in Barangay Felisa.
The court said that both the plaintiff and the defendant should remember that the stakeholders in the outcome of the case are not just themselves but all the residents of the City of Bacolod.
It added that “(i)f the TRO is issued, where will the city government dump its daily garbage collection for lack of an alternative site?”
In Republic Act No. 9003 otherwise known as the “Ecological Solid Waste Management Act of 2000,” Section 2 (Declaration of Policies) hereby declares that it is the policy of the state to adopt a systematic, comprehensive and ecological solid waste management program, the court said.
For his part, Puentevella said: “We thank Judge Rojo for giving justice to Bacolod. Never take the law into your own hands.”
Roy Lopez, spokesperson of the Dynasty Agri-Aqua Ventures Inc., yesterday said they respect the decision of the court but they will study what action they will take after this.
Lopez said the main point of the ejectment case they filed involves the trespassing by the mayor and other city officials into the sanitary landfill last November 18.
That day, Puentevella himself forcibly opened the gate to the sanitary landfill. Efforts of the Lopez family to close the facility were stopped by the police.
“So we saw it as a form of trespassing, a sort of harassment,” he said.
Last Monday, Lopez attempted to block the road going to the sanitary landfill by parking his pick-up truck across the street. He was arrested and brought to Police Station 10, but was released after several hours.
Regarding the denial of their petition for TRO, Lopez said their family is wondering why the court did not grant the TRO where they cited the lack of materials recovery facility in the sanitary landfill.
Lopez added it appears that the decision does not go in line with their complaint.
“I was surprised with the decision because we all know that it was running in our favor but in the last minute the decision of the court changed. That is something I do not really understand. But we respect the decision of the judge and we will definitely make our next move,” Lopez said.
Published in the Sun.Star Bacolod newspaper on March 22, 2014.