TRO sought vs city's clearing of relocation site

A MOTION for temporary restraining order (TRO) and preliminary injunction was filed after Bacolod City pushed through with the clearing of its Vista Alegre relocation site.

Deogracias Dela Paz filed a motion for TRO and preliminary injunction against Mayor Evelio R. Leonardia and the Arao family for allegedly destroying his sugarcane plantation Tuesday as the city implemented the clearing operations.

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Lawyer Joselito Bayatan, city legal officer, said that they have received a notice from the court that De la Paz filed the said motion before Regional Trial Court Executive Judge Ray Allan Drilon of Branch 41.

Last March, the city's contractor suspended development works in the property, which the city purchased from the Arao family because private individuals barred them from entering the said property, a very large portion of which was found to be planted with sugarcane by Dela Paz.

The City Legal Composite Team initiated the clearing operation Tuesday using all the necessary means to clear the property of any obstruction, including the sugarcane crops. The city hastened the clearing to expedite the development works for the relocation project.

Bayatan said that Dela Paz's action is inapplicable because it is contrary to existing laws and jurisprudence, which state that government projects cannot be subjected to a TRO.

"It's an exercise in futility," Bayatan said of the motion.

Despite the legal remedies sought by Dela Paz, Bayatan said that the city will continue to clear the area because they want to develop the initial 15 hectares to accommodate the 1,200 informal settlers who were given priority in the relocation project because they either face eviction orders from the courts or they live in danger zones.

According to records of the Bacolod Housing Authority (BHA), there were 959 informal settlers (families) who are due for relocation and more or less 300 families who reside in danger zones as of 2009.

"We will continue the development in the area because our informal settlers need the relocation site. Our initial move will continue because we want the deserving informal settlers to occupy the property as soon as possible," he said.

The city bought the 58-hectare property from the Arao family for almost P130 million to be developed as additional relocation site. The city loaned P250 million from the Philippine Veterans Bank to finance the project. The loan is also a subject of several court cases filed against the city.

The bank has already released P150 million, part of which was used to pay the Arao family the full amount of P129 million for the whole property. However, sugar planter Dela Paz took the risk of planting sugarcane in the area despite negotiations between the city and the Arao family.

The city asserted its rights to the property and has now started clearing the area to lay the groundwork for the relocation project. (Carla N. Cañet)