Thursday, October 19, 2006 Court dismisses injunction rap v. mayor, others
THE Regional Trial Court has denied the injunction sought by carnival operator Suzette Abanero against Bacolod City Mayor Evelio Leonardia, City Legal Officer Allan Zamora, and MassKara Festival Director Eli Francis Tajanlangit.
It implied that absent the necessary recommendations or permits, Abanero's Smile Carnival cannot be allowed to operate against a carnival that was previously authorized to operate without competition during the two-week celebration.
In a three-page order, Judge Demosthenes Magallanes of the RTC Branch 54 ruled that it cannot issue the temporary restraining order or issue the injunction Abanero sought last week.
Abanero ran to the courts for help after the City Government threatened to demolish her carnival that was located at a private lot near the SM Masskara
Village.
She said that the City's move will result to irreparable damage aside from rendering her workers without jobs.
"In the absence of the favorable endorsement by the Silver Masskara Festival, the Office of the City Mayor cannot issue the Special Mayor's Permit. The court cannot order the petitioner to go on (operating) without the permit from the City Mayor," the ruling read in part.
Judge Magallanes pointed out that Abanero would need to secure a Special Mayor's Permit for the participants and those making business during the MassKara festival.
"The petitioner could not meet the assessment of the organizer...The petitioner, instead, secured a permit from the owner of the vacant lot fronting the MassKara Village portion of the SM property," the ruling also read.
Zamora earlier told the Court that the threat of demolition does not exist and that the prayer for a TRO is without basis.
As this developed, Abanero told Sun.Star Bacolod Wednesday that she respects the decision of the court. She said she already started to pull her carnival rides out and transfer these to Roxas City in Capiz where the "Aswang" Festival will be held.
Abanero, a Bacoleña, could not help but be dismayed though with the action of the City Government.
She said the City favored some other carnival operator who are not from this city.
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