Court issues TRO vs Alangilan resort

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Thursday, June 19, 2014


A TEMPORARY restraining order (TRO) was issued by Regional Trial Court (RTC) Branch 49 Judge Manuel Cardinal Jr. against Mushroom Realty Development Corp., developer of Bacolod Safari Zoo and Resort in Barangay Alangilan, Bacolod City.

Mushroom Realty Development Corp. is represented by its president Francis Rey Cabuga, who is also a respondent to the case in his personal capacity.

Also included as respondent is the Office of the Bacolod City Building Official led by officer-in-charge Isidro Sun.

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The TRO dated June 18, 2014 was issued in relation to Civil Case No. 14-14345 filed by Barangay Alangilan councilmen Alex Sausi, Roy Retiza and Donaldo Alimpolo.

In their verified complaint dated June 16, 2014, the three barangay officials through counsel included a prayer that a TRO be immediately issued enjoining, restraining, or prohibiting defendants Cabuga and Sun, their agents and representatives from continuing with the development and construction of the facilities, buildings and other structures of whatever kind on Lot Nos. 1581-B-2, 1581-B-3 and 1581-B-4 in Alangilan.

The Bacolod Safari Zoo and Resort is being constructed in these properties.

The 72-hour TRO was issued to preserve a status quo until the preliminary injunction shall have been heard and determined.

Meanwhile, Sun was restrained from issuing a building permit to defendant corporations and Cabuga without compliance with the mandatory requirements prescribed by law.

These include locational clearance pursuant to the Zoning Ordinance No. 216, Series of 1998; Department Agrarian Reform conversion clearance under R.A. 6637 as amended by R.A. 9700 (Comprehensive Agrarian Reform Law as amended); Environmental Compliance Certificate (ECC) from the Department of Environment and Natural Resources (DENR) and other required clearances under existing laws, until further orders from this court.

The hearing of the application for preliminary injunction is set on June 20.

Published in the Sun.Star Bacolod newspaper on June 19, 2014.

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