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Tuesday, July 05, 2005
Market vendors fail in restraining order bid on demolition
By Lizanilla J. Amarga
IT WOULD seem that there would be no stopping Mayor Vicente Emano's order to demolish the Cogon Market stalls Tuesday as hundreds of vendors Monday failed to get a temporary restraining order (TRO) from the local courts.
Regional Trial Court (RTC) Branch 23 Presiding Judge Anita Lucagbo reportedly yielded to Emano's demand for her to inhibit from the case for "known association" with Senator Nene Pimentel, the city mayor's archenemy.
The vendors' lawyer, Manolo Tagarda Sr., said Monday his clients received notice from City Economic Enterprises Division (CEED) chief Ding Gempesaw that Emano has ordered the demolition of their stalls by July 5.
He said Gempesaw has already sent his clients notice of such demolition order and they were hoping the courts would issue a TRO against Emano's order.
"But what happened was that Emano demanded for Judge Lucagbo to inhibit herself from the case," he said.
Tagarda and Guerrero Adaza, legal counsel for UKC Builders Inc., both told Sun.Star Cagayan de Oro Monday that Lucagbo has inhibited herself from the case.
A call to Lucagbo's office revealed that indeed the judge has inhibited herself from the case and that there was no TRO issued against Emano's orders.
Adaza said it was City Councilor Edgar Cabanlas who represented the City Government of Cagayan de Oro Monday. He said, as can be gathered from Cabanlas' comments, the City Government wants only the original stallholders to be the ones included in the raffling for the new market stalls.
"As what I can understand from City Councilor Cabanlas' comments, these petitioners of the case (against Emano, et. al) are among those who are not included in the raffling because the City Government cannot accommodate all vendors, only the original ones," he said.
Adaza clarified he only handles three cases filed against Emano but that in this case he is representing an old client Dodong Uy, the owner of UKC Builders Inc.
Cogon Market Vendors Association for fruit and vegetable president Epifanio Lobido slapped charges against Emano, city councilors and UKC Builders Inc., the redevelopment project proponent.
Tagarda said his client Lobido is supported by the Cogon Market Public Vendors Federation president and its members even including the Muslim vendors bringing a total of over 1,300 vendors.
They now claimed that Emano has reneged on his promise to give them stalls in the newly constructed market. A Maranao trader said the new stalls are very small and are expensive.
The vendors' lawyers include not only Tagarda but also other opposition lawyers Frederico Gapuz, Antonio Soriano, Sammy Aguilar, Joy Elumba and Butch Bagabuyo among others.
The vendors are now asking for the annulment of the City Council's ordinance authorizing Emano to enter into a BOT contract with any pre-qualified proponent for the redevelopment of Cogon public market.
"Because this is undue delegation of power. The function of a mayor is only to execute what is written in the ordinance not to give him broad powers to decide on his own discretion such a project," Tagarda said.
Also, he said for the courts to declare the BOT Memorandum of Agreement between Emano and UKC to be "null and void" from the beginning considering that the city ordinance giving such authority is already "flawed."
Tagarda said they are also asking damages and the immediate issuance of a TRO to prevent the demolition of the vendors' stalls for the Cogon Market opening this Friday.
"But what Emano did was instead place himself above the Regional Trial Court and wrote a letter to Lucagbo demanding that she inhibit herself from the case," he said.
Emano's letter dated July 4, 2005 to Judge Lucagbo reads: "I was just informed this morning that there is a complaint by a few vendors of Cogon Market and all the lawyers of these vendors are with the opposition in the city."
"With your known association with Senator Aquilino Pimentel Jr., I would leave no chance to receive fairness and justice in your court."
The mayor's letter asked for Lucagbo to inhibit herself from being the presiding judge and "have the case transferred to another judge who can be fair against me."
He then cited the case of People vs. Lupena saying that he is hopeful that "you would do the same."
Tagarda said he has already filed his comments on Emano's letter at Lucagbo's office.
"Wala siya'y respetar sa korte...warag iyang gibutang iyang kaugalingon ibabaw pa sa atong korte (Emano has no respect for our courts...what he did was to place himself above the our courts)," he said.
(July 5, 2005 issue)
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