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By JM Agreda
Tuesday, December 11, 2012
THE heirs of Joven family who have since moved to reclaim their alleged rightful shares to a university in Baguio City have been barred by the court to enter the premises of the Baguio Central University (BCU).
BCU, through its president Margarita Cecilia Rillera, recently received a temporary restraining order (TRO) issued by Regional Trial Court Judge Asuncion Mandia to prevent the heirs of Joven represented by Dr. Nona Catharina Carnacete and several other family members from entering the school.
The judge took merit on the incidents mentioned by the school that led to the cancellation of their classes last November 10.
Sometime in March, the plaintiffs prayed for a relief for a TRO as the Joven heirs, who claim to be shareholders and officers of the school, an educational corporation, forcibly entered the premises of the university and unlawfully occupied some of the rooms and offices.
The school authorities said the heirs also held conferences and meetings to the exclusion of the lawful employees, officers and legitimate members of the Board of Trustees.
The school administration also highlighted that on November 10, the same incident happened again where the defendants gained entry to the university through alleged “forcible and unlawful means” and subjecting its security guards to physical violence and intimidation.
“Due to these events, the plaintiff was forced to declare the cancellation of classes, including the enrolment on November 13. On November 14, the defendants also attempted to enter the residence of its president Margarita Cecilda Rillera, which caused her unnecessary stress, anxiety, fear, sleepless nights and besmirched reputation,” the complaint stated.
The school and its officers also contended they are entitled to the relief as they said the actions of the defendants have already caused them disturbances, untold miseries, damages and injuries especially since the alleged unlawful acts were committed in the presence of university students, parents, faculty members, officers and the public in general.
Judge Mandia, in her order last November 29, held that “from the evidence initially presented by the plaintiff, it has shown a clear and unmistakable right to be protected in the restraining order. Indeed, without such injunctive relief, grave and irreparable damage would result not only to the plaintiff-corporation but also to the students already enrolled and attending classes thereat.”
Mandia granted the TRO, barring the defendants Nona Catharina Carnacete, Editha Joven Carnacete, Vicente Joven, William Joven, Magdalena Joven, Raul Joven and all persons acting on their authority from entering the school premises, including its other campuses as well as the residence of the school president Margarita Cecilda Rillera.
They were likewise ordered to cease and desist from claiming they are the shareholders/officers and members of the Board of Trustees of the BCU and to maintain status quo for 20 days.
A hearing was also set for the issuance of a writ of preliminary injunction on December 14.
Published in the Sun.Star Baguio newspaper on December 11, 2012.